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02/04/1997 - City Council RegularAGENDA - EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING FEBRUARY 4, 1997 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. DEPARTMENT HEAD BUSINESS (BLUE) A. FINANCIAL SUMMARY/Close out recommendations, Municipal Center construction project B. RESPONSE to question regarding conflict of interest V. CONSENT AGENDA (PINK) A. PERSONNEL ITEMS . Z B. RESIGNATION, APC Alternate position C. PET SHOP LICENSE RENEWALS - Heartland Pets, 1960 Cliff Lake Road; Walmart, 1360 Town Centre Drive; Wetworld, 3390 Coachman Rd. #206; Pet Food Warehouse, 1296 Town Centre Drive (revisited) 4 D. TOBACCO SALES LICENSE - Tobacco Etc., 1430 Yankee Doodle Rd. E. TEMPORARY BEER LICENSE - Mens Club Party at West Publishing to be held Saturday, March 1 �•"'' F. FINAL PLANNED DEVELOPMENT - Decalla Properties, LLC for Lot 2, Block 1, Rahn Ridge 2nd Addition 10 G. STREET NAME CHANGE - City of Eagan, Hampton Drive to Interstate Drive H. EXTENSION for recording conditional use permits for Richfield Blacktop I. VACATE EASEMENTS, Receive petition/schedule public hearing (Lot 17, Block �3 2, Suncliff 5th Addition) J. VACATE EASEMENTS, Receive petition/schedule public hearing (Lot 1 and 2, • Block 3, Eagandale Corporate Center) K. APPROVE Agreement with Dakota County Parks for trail grooming ki". W. APPROVE Resolution amending Eagan Comprehensive Plan - Oak Hills Church VOLD BUSINESS (ORCHID) 2!� A. CONSIDER Appointments to the Burnsville/Eagan Telecommunications Commission, fAdvisory Planning Commission, and Solid Waste Abatement Commission VIII. NEW BUSINESS (TAN) ,a A. CONDITIONAL USE PERMITS - Dart Transit, to allow for the outdoor storage of trucks on two separate properties located west of Highway 149 and south of Highway 55 in the NW 1/4 of Section 12 B. CONDITIONAL USE PERMIT - Amoco, to allow motor fuel sales on Lots 14 and 15, Block 5, Eagandale Industrial Park No. 3 located on Neil Armstrong Boulevard, south of Lone Oak Road in the NW 1/4 of Section 11 C. PLANNED DEVELOPMENT AMENDMENT - Ryan Companies, to allow an outdoor play area in conjunction with a day-care facility on Lot 2, Block 1, Cliff Lake Centre located north of Cliff Road and east of Cliff Lake Road in the SW 1/4 of Section 29 IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE (it+QW Qt,$� A. CONSIDERATION of amendment to the Crime Bill legislation ` X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT XIII. EXECUTIVE SESSION The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 31,1997 SUBJECT: AGENDA INFORMATION MEMO FOR THE FEBRUARY 4, 1997 EAGAN CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval of the February 4, 1997 City Council agenda, regular City Council meeting minutes for January 21, 1997 and special minutes for the January 14, January 21 meetings, the following items are in order for consideration. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL ::::::lagan, Minnesota :::January 21, 1997 A regular meeting of the Eagan Ci4Q�irGitiivas :on Tuesday, January 21, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present''we:re'—Mayo:r:it6aff'2r18:'CounciI members Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Lisa Freese, Director of Public Works Tom Colbert, and City Amey Jim Sheldon. <<Iir�i City Administrator Hedges stated that there was a request from the University of Minnesota to add a proclamation to the Consent Agenda pt6claiming February 1 as Helen Wang Hometown Day in the City of Eagan. He said that Helen Wang :i$;:a stud ... f::athlete in the tennis program at the University of Minnesota. Councilmember Wachter moved,... Council member .Masirt seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 Councilmember Masin requested that Councilmember Blomquist's comments on page 5, in regard to discussion about mediation to develop contract terms for agreement with the MAC for prohibition of a north parallel runway, be removed from the minutes ..and::h6i : vote negated. She stated she believes Councilmember Blomquist's employment with Northwest.Aifte's is aconflict of interest with regard to issues involving the airport. Councilmember Bloftt' s$#;si}id tfia4; Sttie is only stating her opinion and is not lobbying on behalf of her company. Mayor EgabJiidicated that ft would be uncomfortable changing the minutes since that is the official record of what happ6h6d;::::He, sald there are other alternatives to accomplish the objective being requested by Councilmember Matin:::*ncilmember Wachter concurred. Councilmember Awada requested that the City Attorney prepare an opinlbh: t ding whether members of the City Council can take action or discuss any items relating to their employ&.'-'-Councilmember Blomquist added that she is not in a policy making position at her company; therefore, no conflict of interest exists. She further added that many people from Northwest Airlines supported her during her campaign and feels she should be allowed to represent their interests. Councilmember Awada moved, CcJur�G Membe-r...Wachter seconded a motion to direct the City Attorney to prepare an opinion regarding:V** iet:o-ebib&6-bf1he City Council can take action or discuss any items relating to their employer. A Nay,'::: Councilmember Masin noted tl ati it is irh rtant to determine the extent that relationships of Councilmembers to other individuals, with.- egard.i6:"ft;iediyidiials' employment, could constitute a conflict of interest. She also noted that businesslclieiif:tela,tibbi ihiOs:0 Councilmembers need to be examined as well to determine if any conflict of interest exists. She mentioned the lawsuit regarding the Beiter property and the perceived conflict of interest. She asked if a legal determination is made that this issue is inappropriate for Councilmember Blomquist to discuss could the minutes be amended at that time. Councilmember Awada noted that the minutes are an accurate reflection of what was said at the meeting and should not be changed. Councilmember Awada moved'*:COuncilmember":.W.6,chter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0'''' •.. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 2 Jennifer Hearon, President of th�qe�jemp*" jlnty Chamber of Commerce, addressed the Council and extended an invitation to the next Eagan Business Forum and thanked them in advance for their participation in this meeting. Tom Walsh, Co -Chair of the Eagan Governmental Relations Committee for the Eagan Chamber of Commerce, addressed the Council and submitted a letter requesting the City get involved with the Eagan Small Business Association and the Chamber of Commerce in studying traffic patterns on TH 13. Mayor Egan noted that this is a ver.y.:important project that will be undertaken this year. Larry Wenzel, representing the Eagan Snia11: Business Association and Chair of the Transportation Committee. addressed thOi t;ouncil:-.4 i i also requested they study the transportation issue relating to TH 13. He said that he lias many'46tters from businesses along TH 13 stating their support for a transportation study. City Administrator Hedges provided an update on what has occurred to date regarding plans to address the issues involving TH 13. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to direct Director of Public Works Colbert to investigate the scope, oost::and financing of a comprehensive corridor study for TH 13 regarding roadway improve :00 -truck traffic. Aye: 5 Nay: 0 Councilmember Blomquist thanicrsii tfie:lagan Stsiall Business Association for bringing the issue to the City Council's attention. Mayor Egan, acknowledged the Chamber of Commerce's collaboration also. COMMENTS/METROPOLITAN COUNCIL REPRESENTATIVE KEVIN HOWE Kevin Howe, Metropolitan Council representative for the City of Eagan, noted the various cities he has been working with and the issues being...addressed.He said he was impressed with the City of Eagan's managed growth. He offered to..kiafp:'Asist the:00.iI it in working on issues with the Metropolitan Council. Councilmember Blomquist said zii6 hoots .:lAi'. *'Howe' will support the City in changing language regarding zoning and planning, specifid0y an ame dment to Statute 473.858, Mr. Howe stated that he is committed to working with the City,::.Mayor Egan, noted that the Council believes in local autonomy regarding zoning issues. Discussion c6ftnued re *ding other issues that have already been addressed and also those issues that still need to :a0iI s d PRESENTATION OF MINNESOTA RECREATION AND PARK ASSOCIATION AWARDS TO KEN VRAA AND DOROTHY PETERSON Jon Gurban, Executive Director of the.::Muttfesota Recreation and Park Association, presented Director of Parks and Recreation Ken Vragi:.-w Fi; ie:C ftfln E. French Distinguished Service Award and Superintendent of Recreation Dorothy Petotaoii with tfiiy pgirothea Nelson Award. He said these awards are presented to individuals with long am' d::Outstanding servile to the recreation, park and leisure service field as well as to the Minnesota Recre4i iW and Park Association. Superintendent of Recreation Peterson thanked the City Council for their suppQrt:in allowing the staft:to participate in professional organizations. Director of Parks and Recreation Vraa ffi4r%ked::bRtt:th67: g 1: and present City Councilmembers for their EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 3 efforts and support. Mr. Gurban also pre; 6.hted the Mayor a poster as a token of appreciation for allowing the staff to participate in the MRPA. The"i{y Councilmembers congratulated both Vraa and Peterson for their achievements. RESIGNATION OF SSISTANT CITY ENGINEER FOERTSCH Mayor Egan noted that Assistarit City Engineer Mike Foertsch has accepted employment with a private firm. He said that he will be greatly missed and the Council appreciates all his hard work over the years. Councilmember Wachter concurred. Assistant City Engineer Mike Foetisch addressed the Council and said that his decision to leave the City of Eagan was not an easy one: 4tid he added that he appreciated the support and direction the Council has given him over the years. City Administrator Hedges also thanked Mr".*' bertsch for his many years of service and stated that he exemplified the professional work Director of Public Works Colbert commented that Mr. Foertsch was a valuable employee and it will be difficult to replace him. He noted that an informal farewell has been planned for January 31 in the Community Room. In regard to Item A. Personnel Items;:W:i ': @ doations/Water Production Maintenance Workers, City Administrator Hedges noted that Robia 1:-ZWeiner ht5 given a verbal resignation and his official two week notice will begin once the written resig�io ion Js received. In regard to Item C, Premise Permit Applicaii6h:::I 4Mota Heights Athletic Association to conduct pull tab operation at Valley Lounge. 3385 Sibley Mem. F�Councilmember Wachter asked why the Minnesota Valley Human Society is no longer selling pull -tabs at the Valley Lounge and he added that they are in need of support. City Administrator Hedges said he did not know the reason. Mayor Egan stated that an appropriate location should be found for the Humane Society to sell pull -tabs. In regard to Item D, Agan Promen da� e;:Sian revision GByerly's1. Councilmember Wachter wanted to ensure that the sign is within the pararni kiie is s f:th&::Ssgsi: Agreement. Mayor Egan noted that the sign is within acceptable parameters. In regard to Item I, Approve Arndments, ter.MVTA Joint Powers Agreement. City Administrator Hedges noted that the City can provide ricifiey. to the MVTA without amending the Joint Powers Agreement. He said that the make up of the Board pf:# � Ai4Zl'f'Ai:�5:5ffl$1 K:MVTA issue. In regard to Item P, RFP for Fire Administration building construction/architectural services. City Administrator Hedges pointed out some inconsistencies contained in the RFP that have been corrected. He said the City Council needs to appoint Councilmembers to serve on the interview panel for selecting an architectural firm. Councilmembers WachteT::agd:::Awada indicated their desire to serve on the panel. Councilmember Awada said that she has a:i=ol8irx:wff;?�l�lding the specific dollar amount budgeted for the project in the proposal. She also que$ban'ed why the:Ciiy requires that a company under contract with the City must have an Affirmative Action:*'d icy. She said shi:*' ould like to discuss the issue further. City Administrator Hedges noted that the Cit::has adopted an Affifimtive Action Policy. City Attorney Sheldon stated that he would research the issi ie: and find out if tt O*:: City is legally required to stipulate that companies under contract with the Cxty!ta;rYe::ti::fiie Action Policy. Councilmember Awada sAG*mCITY COUNCIL MEETING MINUTES; JANUARY 21.1e97 PAGE 4 requested that this hediscussed fudhe January 28Special City Council meeting. A. Personnel Items Item 1. It was recommended to to be recommended as a part-time Dispatcher inthe Police Department. |bamn 2.It was recommended to accept the resignations of Michael Hillman and Robert Zvveineroo Water Production Maintenance Workers. Item 3. It was recommended to approve, the hiring ofMary Gray asaseasonal part-time Winter Recreation Leader. Item 4. It was recommended bo hiring O imCampbell and Vincent yNergenoasseasonal part- time BnoornbaUOfficia/m. Item 5. It was recommended to o � as o seasonal port -Unna Ice Rink Item 6. It was recommended to approve the hiring of David Jungers as o seasonal Parks Maintenance Item 7. It was recommended to approve the reappoiplm6iif�6 ' i�Assistant to the City Administrator Duffy as the City's representative who will serve as liajsor.i-,t6,:the'Nat'ibnal Organization on Disability. Item 8, It was recommended to appro%i:6c'h1an'ging thi.bompensation plan for non -collective bargaining '��bW:efferV4 during the first week of a ay period, the step employees wherein if a step increase would .* , .,. . ., p increase would take effect the first da of that d if a step increase is to be effective the second week of a pay period, the step increase would' 66'-�4ectj e as of the first day of the next pay period. Item 9. It was recommended to accept the resignation of Mike Foertoch as Assistant City Engineer, B. Pet ShoR License Renewals, Heartland Pets - 1960 Cliff Lake Road, Walmart - 1360 Town Centr Drive, Wetworld - 3390 Coachman Rd. #206...Pet Food Warehouse - 1296 Town Centre Drive, (This item was continued to the February 4, 1997 qi ':C- 66hcil meetIftd:)::: C. Premise Permit Application - Men' 0 HeigbjA'Ahletic Association to conduct pull tab operation at Valley Lounae. 3385 Sibley Mem. Hmjy... It was recommended to approve a premise permit application for the Mendota Heights Athletic Associati0h:16' conduc'A'*:' 11 -tab operations at the Valley Lounge as presented, O. Eagan Promenade. Sion revision toapprove arevision tothe signp|on for the Byerly's store in the Eagan Promenade, E It was recommended to approve a six (6) month extension for the Pre|i i 8ubdivioion for Fox Forest Addition F. Clarification of Architectural Standards, :Ejoh'-P�66�opade - neon lighting. It was recommended to approve o clarification of architectural ordm for Em rnenade to provide for neon lighting on G, It was recommended to approve EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 5 the Findings of Fact regarding Prelimiliary. Subdivision for 15 lots on 18.56 acres for the proposed Gardenwood Ponds 3rd Addition subdivisioff, located north of Northview Drive and west of Trotters Ridge in the NE 1/4 of Section 23. H. Final Planned Development for Lot 5. 91ock' 2 Eagan Promenade (Don Pablo's)_ It was recommended to approve a Final Planned Developm6KII.lo allow construction of a 7,500 s.f. Class I restaurant (Don Pablo's) on Lot 5, Block 2, Eagan Promeiaade. I. Approve Amendments to MVTA Joint Powers Agreement (This item was continued indefinitely.) J. . It was recommended to acknowledge corn-Oletion of...gpntract 95 -RR (Soderholm Addition - Utilities) and authorize perpetual City maintenance subjoct to w4rranty provisions. K. Contract 97-05 Deerwood Reservoir:?,gunk Mb§rmain)_ It was recommended to approve the plans and specifications for Contract 97-05 :{)leerWc3Rd:.;l�setvnir.:.- Trunk Watermain) and authorize the advertisement for a bid opening to be hetd::3f::1:Q:3Cf:a;rirbrcry 13, 1997. L. Project 682R Schedule public hearing (Deerwood Townhomes - Utility Extensions). It was recommended to schedule a public hearing for Project 682R (Deerwood Townhomes - Utility Extensions) for February 18, 1997. M. Prpject 668. Approve preliminary engineering agreer Neil Armstrong to TH 5). It was recommended.40.::a Dakota County for Project 668 (Lone (DO J. Upgre Mayor and City Clerk to execute all related documents. N. Proiect 692R. Schedule Public Hearino (dlcJ S recommended to schedule a public hearing for Projec Sewer) to be held on February 18, 1997. We a preliminary engineering agreement with - Neil Armstrong to TH 55) and authorize the L It was & Sanitary • �- • •INTO ip • • - - • 111 111 • - -� - - •1111 • •• • • - -• • •_•- •_ ••• ••- •_ - •- - - •• • •1 111 _•- Resolution Authorizing the issuance of $7'000; collateralized mortgage loan/Woodridge::::Apa multifamily housing revenue bonds (GNMA col Series 1997B and authorizing the execs of ity--dbtiiments. It was recommended to approve a It3feirtily' housing revenue refunding bonds (GNMA Project), Series 1997A and $905,000 taxable :d mortgage loan/Woodridge Apartments Project), Iry documents. P. RFP for Fire Administration services. It was recommended to ratify a Request for Proposals document for Fire Administration Building Construction and Architectural Services and to authorize the City Administrator and Fire Chief to proceed with the Request for Proposals, to be received no later than Tuesday, February 12. (This item was continued to the January 28, 1997 Special City Council meeting.) Q. Proclamation. proclaiming February 1-:::-1997 as Heleii::1fVang Hometown Day in the City of Eagan. It was recommended to adopt a proclamatip i proclaiming Fe ...Ary 1, 1997 as Helen Wang Hometown Day in the City of Eagan. " EAGANCITY COUNCIL MEETING MINUTES: JANUARY ot1897 PAGE 6 CouncilVVgchbar mci{nlember Awoda seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 City Administrator Hedges exp,4Kfted the balloting procedure used bvthe Council toappoint commission members. He said that the -ballots are signed by Councilmembers and are available for public A. ADVISORY 1' Patrmw and Floyd Hiarwere reappointed to three year terms am residObtnap ;andGumanBastwamappontedboaoneyeo, alternate term. CoumcihnemborAwodo uhdseconded amotion bo leave the business representative:j!rp�t staff to contact the hauler community to see if anyone is interested in filling the vacancy. Aye: 5 Nay: 0 Coumci|mmmberAwadamoved, Mayor Egan seconded a motion toappoint Jim Orouttho a one year term as a resident representative. Ave: 5 Nay: D 2. Economic DevelopmentOestre ich. Gary Morgan and Cathy Clark Matuszak were reappointed to thit�:ypat,t&ms� John Young was appointed to a three year term Mark Reimer was-appoint6d'to a:M''o year term; Calvin Clark and Bruce Goff were appointed to one year tL�,irirn§, — Advisory Planning year .term. . a". Bakken was appointed to a three year t&e`rh;:.$1.eggy Carlson was appointed to a two year term and Shawn Hunter was appointed to a one year alternate term. 4. Advisory Parks, Recreation & Natural Resources Commission: Lee MarkaUand Guy Nbh|nhofer were reappointed to three year terms; Terry Davis was appointed to a three year term: Barbara Johnson.was appointed to a one year hm d Jerry Farlee was -' --r~''''------ ---`^-~~'~''^ `.�- ~'~~`ill^^ was reappointed ^~~ three^year ~''''. E''^ Drenckhahn was appointed; and Michael Steenberg was appointed to a one year alternateterm, 6. Joint BurnsvNUmKEmgsh' 164:" MNm|ileattdrim Commission: CouncilnnemberAwoda requested that since there were no applicants for the alternate position, staff should contact the applicants who were not appointed to any commission and see if they are interested in the position. CouncUnmemhor B|onnquistconourred and added that if no applicant is interested in theposition, Councilmember Wachter .ember Masin seconded a motion to reappoint Maggie Jensen and Jeff:M,'�:t6 three "W, -'*ms, Aye: 5 Nay: 0 B. '~~ '°~ serve "" Acting Mayor in his absence at City ractivities pertaining to the City of Eagan EAGANCnY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 7 appointment ofCou K8amnaoActing Mayor. Aye 5 Nov: O C. OFFICIAL LEGAL NEWSPAPER: Councilmember Masin asked if subscriptions are available to This Week Hedges stated that subscriptions are available to the Dakdfa::---uUftt�-:- "ODO ::id$d it should be emphasized that the City Council expects accessibility to the This Week Newspaper. Councilmember Blomquist noted that subscriptions available to the Dakota County Tribune, which is affiliated with the This Week Newspaper, and legal notices are published in both newspapers. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the retention of Dakota County Tribune/This Week Newspapers as the City's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINOS: CoWitilmember Wachter moved, Councilmember Awada prove t e�:4997 Schedule of Council Meetings, designating the first and third Tuesdays �i�i-'-.Ihe moi0j`at 6:30 p.m. for regular City Council meetings, with the exception of May 20, Wherein N6'date of May 19 was approved as the alternate date. E. Coumci|nlembar Wachter moved. Councj|memberK4omin seconded o motion hnapprove the guidelines/handout for public presentations and public participation in City Council meetings as presented. Aye: 5 Nay: O F. COUNCIL STANDING COMMITTEEAI�D':'A''E.'P'"RESENTATIVE APPOINTMENTS: Mayor Egan recommended the.foll.oWihd:�d.o . u .�61imembers to serve on standing committees as Finance Committee: uhdilM&bW-AAasin (Chair) and Councilmember Awada Public Works Committee: Councilm&1Rw:.WAchter (Chair) and Councilmember Blomquist Personnel Committee: Councilmember AW�da (Chair) and Mayor Egan Counci|men1berVVaohter moved, Counci|memberAxxada seconded a motion to ratify the standing committee appointments. Aye: 5 Nay: 0 Minnesota Valley mci|member K8asin st omqui School District #196: iC nd mem. r School District #197: :Ueli*yor Egaini:-` Dakota County Lmeg History Committee: 6.0uncilme.M*Aachter Municipal Legislative... Councilmembers indicated they would like b»discuss whether the City hsgoing bocontinue as a full partner in the Dakota County Economic Development Partnership at the January 28. 1997Special CiC Cmunoi|mnember/4wad .Council yWosinseconded amotion tnapprove the Council representative pd!§itionm. Ave: 5 �� 0 EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 8 G. OTHER APPOINTMENtt.i 1. MASAC Representatkyes, . Councilmembgr Blomquist indicated her desire to serve on MASAC. Councilmembbt:Masiti: sia i:." :if -i :council had intended for the Mayor to serve on MASAC because of his kriowledg"of th'e'i5sues. Mayor Egan added that he would be willing to serve in 199:.;:. Councilmember Masin stated that before Councilmember Blomquist is appointed ,*:'MASAC as an alternate, it would be appropriate to wait for the City Attorney's legal opinion in regard to her employment with Northwest Airlines. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the appointment of Mayor Egan as a member; Jon Hohenstein as an alternate and Lance Staricha to the other altOfnate position. Aye: 5 Nay: 0 Councilmember Blomgi 40'I stated :that MASAC is the airport board and asked the City Attorney if anyone with: ;by knowfei'fge about airports should not be allowed to serve on these committees. Mayo.r..Egan :said ,that, hewould be willing to revisit the alternate position after the City A}totRey' .opii 6h::4# :been reviewed. 2. City Representative to Eagan Convention and Visitors Bureau Board of Directors. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the appointment of City Administrator Hedges to a two year term until such time that a Community Development Director is availablejo fill the representative position. Aye: 5 Nay: 0 3. Special Advisory.::Ciii'itiftt"s ' :City Administrator Hedges reviewed the various committees the City Coy. ncil'has considered. He said that these committees will be further discussed at the January--28;:T9R7-.Special City Council meeting. Councilmember Wachter moved, COLI-6-f_r i Lllft.er Awada seconded a motion to change the time of the January 28, 1997 Special City Council meeting from 5:00 p.m. to 5:30 p.m. Aye: 5 Nay: 0 A representative of D.R. Horton;.::Isi .:::requested::.that the Gardenwood Ponds 3rd Addition be discussed prior to the Airport Relations.;Gi? irtiissibn:.j.... �:M66t he had to attend another meeting. RECONSIDERATION.- GARDENWOOD PONDS 3RD ADDITION City Administrator Hedges provided;an:-veie. n w,.o .this item. He stated that the applicant is asking for a continuance to avoid having to subs if s:6" ap#itii tli rl and reappearing before the APC and the APRNRC. He further stated that he contacted Kim Kuhn, President of the Bridle Ridge Homeowners Association. and informed her of the request being made by the applicant and asked her to inform the other residents in the homeowners association. City Attorney Sheldon said that if a significant change is made to the plans the APC would need to review the change and make a recommendation. Councilmember Awada asked if the Council is under a time., 44. i4 v itti::regard to this proposal. City Attorney Sheldon said that if the Council takes action to reconsider':t4':sFi6Uld::66: bject to a written agreement from D,R. Horton stating that they agree to the one year dWtinuance. which,::i! 6uld avoid any time limitations. Councilmember Awada restatefte reason for granting this reconsideration is so that the applicant will not have to go through the Planniri: GommissiW.;prflsagain and pay additional fees. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 9 Councilmember Awada moved, :Councilmember Masin seconded a motion to approve a request by Don Patton, D.R. Horton, Inc., to recdi Oider the City Council's decision on January 7, 1997 to deny the Preliminary Subdivision for Gardenwood. Pond $. 31 d Addition. Bob Weigert, representing D.R. Horton, provided a verbal commitment. Councilmember Blomquist stated.lbat there should be language in the motion that reaffirms that the cul-de-sac length be 500 feet. Coun: *il ember Awada noted that she will include that language in her second motion to continue this item. A vote was taken on the motion for reconsideration. Aye: 5 Nay: 0 Mr. Weigert stated that they wotikk:like to withdraw their request for reconsideration if the 500 foot cul-de-sac is to be included as part of 64-*Council'*':.(notion. Councilmembers accepted the applicant's :i(crithdrawal of their request for reconsideration. RECOMMENDATION, AIRPORT R*e. AiI0N 'OMNEI$SION, PROPOSED MODIFICATION OF AIRPORT LEGISLATION, ENV IRONIIiAEiVTAL'"RtVIEWS OF AIRPORT EXPANSION City Administrator Hedges provided an overview and stated that Northwest Airlines is in agreement with the proposed language. Councilmember Awada moved, Councilmember.:::VV;khter seconded a motion to approve a recommendation by the Airport Relations Commisstan'.tq:suppo'rt.retaining language in the airport expansion legislation to require environmental review .s:0f:cariticitied:tr:affic growth at Minneapolis/St. Paul International Airport. Aye: 5 Nay: 0 REZONING & PRELIMINARY SUBDIVISION - FRED WESSEL (WESSEL ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff report. Councilmember Wachter asked if any major repairs have to be made to the septic or well on site would the applicant need to connect to City sewer and water. Director of Public Works Colbert indicated that City policy has been that if sanitary sevi &er "t d. water-:Wtettl are available to the property, no permit is issued to repair the failing well or septic.:systeM'.'-::H&.:smid-'t t*—in this case the determination would have to be made as to whether sanitary and alA*r are ar1Oi#able even though it does not cross the frontage. He added that if the sanitary sewer and water did cross, the frontage and the Council followed the previous policy, the private system would not be allowed to b6::repaired. Discussion continued regarding the location of the sanitary sewer and water Iocatioi v::::CCiuriCilihiorq r A)Nada asked if right-of-way is obtained along the western edge would it be acceptable-t6:VUi-tf e;,, ai nitary:-seuier in that location. Colbert stated that City Code requires that with the creation of platted lots of record in a development each lot shall be serviced with City utilities and streets to City standards. Councilmember Awada said that this requirement would only apply to Lot 1. Colbert added that there has not been any utility extension to service Lot 1 in its present condition or any potential future subdivisap i,...,., . Howard Kyllo, representing the.,nt, a'dfess`9d the Council and said that Mr. Wessel is opposed to the extension of Wescott Hills 'rive and the insfsli.Otion of utilities at this time and would prefer that it be development driven. He further said that Mr. Wesi6f*ould be willing to dedicate 30 feet of right- of-way. EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 10 Colbert explained the rationale :€at; offering the option of acquiring additional right-of-way if and when Wescott Road is upgraded and ot: options. City Attorney Sheldon said that the vacation of the prior right-of-way for Birch Street is unrelated to this proposal. He further said the property owner is required to dedicate appropriate right -of i ji:: s rieCestaiy'.to;;serve their plat and it is the City Council's duty to determine what is appropriate right=of�way;' #fie: aiiifeif #hat the applicant feels that the appropriate right-of-way is 30 feet and the Council needs to decide if they should require more than a typical half right- of-way for this road as part of this development to service this property. Colbert said that the necessary right-of-way to accommodate development of the property would require a dedication of 60 feet in dimension along the south side and 30 feet in dimension along the north side to match previous right-of- way dedications. He further said that if there were a triangular dedication matching those dimensions, any additional amount based on final design would have to be the responsibility of the City to acquire. Mr. Kyllo reiterated that the appgi Ont feels:fime and development will force the issue and he would prefer to wait until that happens. Mayor::Egan asied if Mr. Wessel is willing to allow the City Council to defer the actual development of Wescatt;: Hills D64 in exchange for him agreeing to dedicate the City standard right-of-way, as determined by. the City. Council. Mr. Kyllo answered that Mr. Wessel thinks it is appropriate to wait until the property is dey;Yi i} id:i is{kii ;ftsfu e.:: Councilmember Awada noted that if the City Council determines that the street and the utilities do not have to be installed now they still want to have the appropriate right-of-way available, which may be more than 30 feet. Mr. Kyllo stated that requesting the additional right-of-way is premature and said it would be better to wait until the lot is platted and then make the dedication. Mayor Egan commented that if the design standard suggests having more than 30 feet.:ot:�ht-of-way it would be prudent to dedicate it at this time rather than waiting until a later date.; Councilmember Blomquist stats'if:4hd 'if may bs: more feasible to accept the 30 foot right-of-way dedication and deal with the need for add iti ,i at:,right-&4ay when the remnant piece of land is platted. Mayor Egan added that when the 2.67 acres''is:.ii 4,tVJded.that will cause the upgrade to Wescott Hills Drive to occur and the Council will have another opporttijii4V::to extract additional right-of-way from the applicant at that time. Colbert noted that there are other development proposals that are imminent that may trigger the consideration of the upgrade to Wescott Hills Drive sooner and the City may not have the adequate right-of-way at that time. He said that the costs will then have to be incurred by the City and/or adjacent property owners. Councilmember Awada asked how much right-of-way the City can legally require from the applicant. City Attorney Sheldon stated that the City is clearly entitled to the 30 foot right-of-way dedication, but the issue remaining is how.#bae::0.Q foot right-Qfway will be matched up on the south end. Mayor Egan noted that this is a policy: c}a*cisian::.th0t::th6::C-buncil needs to make and must take into consideration safety and design criteria;:::Sii�eldon tWd:lKat the criteria has to be related to the development of this property and public access to''tFie prop.:.: more so than the City's overall design criteria. Councilmembers concurred that the 30 foctt right-of�way dedication is the most that could be extracted from the landowner with this subdivision app004oe:,..: Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Rezoning of approximately 4.25 acres from Agricultural to R-1 Single Family on property located in the SE of 1/4 of Section 14. Aye; 5 Nay: 0 Councilmember Awada moved, Coundl ber Blomquist seconded a motion to approve a Preliminary Subdivision (Wessel Addition }:siftiitlhj: f1W:_lots on approximately 4.25 acres located in the SE 1/4 of Section 14 subject to the folloyiili g'conditions EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 11 Standard Conditions 1. The developer shall comply with th . Pp standard. conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B2, B4, C2, E1, F1, G1 B2 should be modified as follows: This development shall dedicate a 30 foot public street right-of- way on Wescott Hills Drive. Other Conditions 2. This development shall dedicate:. -all pubki :fight -of -way and drainage and utility easements in accordance with City Code dedi.tion regv'i rements and the applicant's proposed plat, dated November 20, 1996 and revised:0"cembet2 1996. 3. No vegetation removal or gradirig ia:►loiived ±i+t#iici:0::eet of the edge of Pond JP -60 at normal water level. 4. A Tree Preservation Plan for each lot will be required at the time of building permit. 5. The developer shall plat the property. Aye: 5 Nay: 0 City Administrator Hedges noted that Bola:RJ0rii bt;:-Municipal Legislative Commission and Roger Peterson, Association of Metropolitan Municipalities will"b6:0ttertding the Chamber of Commerce Property Tax Summit meeting on Wednesday, January 29. Director of Public Works Colbert stated that in regard to the Wessel rezoning and preliminary subdivision it would be helpful if the CounPj .wUld..provide:sta#R:direction as to when they should program any improvement to Wescott Hillsi# Improvement Program for 1997-2001. He further stated that development of the Hese propec#y; :which is approximately 15 to 20 acres in size, may occur during 1997. Mayor Egan suggested programming the improvement to Wescott Hills Drive for the year 1999. Councilmember Blomquisti::"did that:::Mould be done with the understanding that if the development of the property does not Q* W- ur.:the:::woFk:.tk�a>i.:hss. already been done will carry over to the future years. Colbert indicated the Counbil:-Wrs�:aV i# —lo review the CIP each year. City Attorney Sheldon commented that in regard to D.R. Horton, Inc./Gardenwood Ponds 3rd Addition it would be prudent for the Council to make a motion to accept the withdrawal of the continuance request, deny the reconsideration and reaffirm the findings of denial. Councilmember Awada moved, ,I✓QiGi EAGAN CITY COUNCIL MEETING MINUTES: JANUARY 21. 1997 PAGE 12 City Administrator Hedges mentioned the details regarding the salute to Helen Wang on February 1. Councilmemb2r Masin mentioned thatiS ie will be at the ceremony to present the proclamation. Hedges also mentioned that there has been some..effort, ftou,gh,the MLC and the AMM to introduce road unit charge fees as legislation for this year. :FteakOOd'tholt,.� disci Ssions with the City Administrator of Apple Valley, they both feel it would be premature"ti `e6ceed :with hcM legislation since the Supreme Court has just heard the case in January and it: inay be some time before the City receives their opinion. Councilmembers concurred that legislatio0s premature at this point. Councilmember Wachter said that the Humane Society is in dire need of assistance and efforts should be made to help that organization, Councilmember Biomquist comtx Opted on the list of bills and stated she is still concerned about the amount of money being spent on foAoi#'and 000 like this to be examined further at a work session. She was also concerned about the Parks:Commissicn meeting being held on the same evening as the City Council meeting. She stated that every::effort sNo ild be made to ensure that all public meetings are televised and do not conflict with other.,meeting�. She...noted, that she will not be attending the LMC conference for newly -elected officials. City Administrator Hedges explained why the Parks Commission meeting was held on the same night as the City Council meeting. Councilmembers Wachter and Blomquist had several questions on the bills. Councilmember Masin suggested that it would be more helpful if Councilmembers:W661cl call the City Administrator with questions regarding the bills so that an answer is available..Prib at A#l1`hr 6eting and then any remaining issues could be discussed at the Council meeting. Director of Public Works Colbert dcasif�d::that several of the standard conditions of the Wessel rezoning and preliminary subdivision need to'be-:rri d,Wjed::to.accurately reflect the Council's right-of-way dedication requirement. He said that standard conditi6n:-B2:sti6uld be modified to reference the dedication of a 30 foot public street right-of-way; B3, C1, C3 and D1 shoulddbe omitted. The changes were acceptable to Councilmembers Awada and Blomquist who made and seconded the motion. (The changes were already incorporated in the Wessel portion of the minutes.) Councilmember Wachter movect.::oa 6i::�4a6:iie�Ctic!ed a motion to approve the check register dated January 17 in the amount of $1,W...;892.38:AA:AAye: 5 Nay: 0 The meeting adjourned at 9:50:p,.. ,::::A:A:=;:A,:;:A:AA:�� : A - MLK EAGAN CITY COUNCIL MEETING MINUTES; JANUARY 21, 1997 PAGE 13 Date City Clerk If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454- 8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment wi(l?.w.'t regaii.�::io race, color, creed, religion, national origin, sex, disability, age, sexual orientation, maritait-�tatus or.'--ijitus with regard to public assistance. MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :::::::January 21, 1997 A special meeting of the Eagan.-Qily:Co.UngU.was.held on Tuesday, January 21, 1997, at the Eagan Municipal Center Building Community Rootfti:::tit;:: tQQ;:;t ::::::::: Qse present were Mayor Egan and City Councilmembers Awada, Blomquist, Masin aftd'Wach161'r'::*:k1io, 0tft Ynt were Director of Public Works Colbert and City Administrator Hedges. YANKEE DOODLE ROAD AGREEMENT/PROJECT 695 City Administrator Hedges introduced the topic, stating that staff has been working with the Dakota County Highway Engineer in an effort to find a solution to the County's unwillingness to participate equitably in the Yankee Doodle Road improvements under Project 695. Director of Public Works Colbert stated that MnDOT was unwilling to fund the improvements in 1996 ;due to their. contention that the project was development driven. He further stated that the City had an early understanding With the County Engineer for typical funding; however, the i'n$ County Highway Engineer is now recommendthe Cour't� participate only at 33% and the City at 67%. Director of Public Works Colbert.further stated that he has spoken with the County Attorney's office to determine if this project is exempt from the: and and feels there is concurrence by the two attorneys he spoke with that the project shoiitd tie fariaied:aced.-M rig: to the new policy. He further stated that the County participates in 100% of maintenance overlays and further that the surface condition before reconstruction was terrible on Yankee Doodle Road. Public Works Director Colbert stated that there could be an argument made that the County should be responsible for 100% of the overlay cost for the County road improvements. He stated that in further negotiations with the County Engineer, the County would agree to participate according to the new policy arrangement if the City would transfer all municipal state aid funding. Director of Public Works Colbert further stated that the County Highway Engineer would like the road,de$iila€ed as a county state aid road so the County receives more maintenance funds from the State. .Qira34tor:ixf::tilic Works Colbert stated that this request is unreasonable. Director of Public Works Col bejeferenced,461ters he has sent to the Dakota County Highway Engineer reminding the County of the previous uiitlers:6i:&mq:between the City and the County for finalizing the cost participation for Yankee Doodle Road. City Councils ehi t6ei.*:61oihquist stated that she has two questions. First, what is the cost to the City and second, what is the legal ramlfiiCafior. of turnbacks to the City. Director of Public Works Colbert explained the cost breakdown of the City and further noted that the County can turn back roads to the City that are unimproved requiring 100% of the cost to be bome by the community. City Councilmember Wachter stated that if the City receives County roads as a turnback and has to participate in 100% of the cost to improve those roads, there should be a reduction in taxes. After reviewing a January 17 r s.m.:from the Public Works Director and considerable discussion and deliberation by the City Council, there was::a: Coijsenws::fb:P irticipate in the maintenance overlay cost if the County will share equally in all signal costs.:: is Councti.:afstt feff flint the new policy should apply and felt that an arbitrator would likely support the City's posfbbrk The stoti~:aid designation transfer should be considered at another time. The City Administrator and:#iiivolb;C:Of::? iblic..W(xks:.were further directed to meet with the County Administrator and Engineer. If this meeting:::is::-Kot-:6ibb*0e*ON!X:. iIfection was given to meet with the County Commissioners to further explain the City's position. OTHER BUSINESS City Councilmember Masin stated tbett:-1k:genVeman, Mr. Ken Bresslo, was in the audience but did not address the City Council under Visitors to be.ltitffl:titit;a~jter•::in a brief conversation she had with Mr. Bresslo, it was his request that the City give considerafi€iri:0 using clissed:Cdption for Commission meetings and regular City Council meetings that are cablecast. He ftiitKttrr recommende'&46at a deaf interpreter be used for the hearing impaired that are in attendance at the meetings. City Admin istrator44edges stated that when a request is made by the hearing impaired, an interpreter is retai4df :' The City Administrator was directed to further review the concept of closed caption for regular City Council meeti t s:.:. , . Page 2/Eagan Special City Council Meeting Minutes January 21, 1997 City Administrator Hedges stated that it was recommended that additional clarification be given to the policy the City Council and staff are practicing to comply with the ethics legislation as it relates to reimbursement of meals. He stated that there are occasions -when. the:; gr�.mernbers of the City Council, City Administrator and Department Heads are asked to attend a:::. ...bsor{:;,ori:;�t tf:;:of a local industry, a grand opening or a groundbreaking ceremony and it is awkward when'the, food'fs%'serVetl and there is no value established by the local business providing the meal at their event. Citjf Administrator Hedges stated that in some cases the company has billed the City for the Councilmember or empliiynee's fair value and in other cases, payment has been made by the Councilmember or employee. Mayor Egan stated that there should be a consistent policy for reimbursement. City Councilmember Awada stated that she feels the expense is acceptable .and the Councilmember, City Administrator or Department Head should either make payment to the business and then be reimbursed by the City or request a bill from the business with the City making payment at a later date. City Councilmembers concurred with this interpretation and the City Administrator was .40ed to prepare a written policy for the Council policy handbook. COMMENTS/METROPOL T -AN COUNCIL REPRESENTATIVE KEVIN HOWE Kevin Howe, Metropolitan;'Council re*esentative, appeared to provide an update to the City Council. City Counciimember Blomquist stated that.sf e. has some strong concerns about Statute 473.858, the Land Use Planning Act and would like to see thea vi►: Cti riged tp::r*sfor6:: and use authority at the local level through zoning rights prevailing as the official land use as op posetl'ta'tfie-cd�prehensive guide plan. She raised a question with Representative Howe as to how the Metropolitan Council will respond to this proposal, He stated that some staff members feel it should stay the same, while others are indifferent to the proposed statutory amendment, He stated that the Council has not adopted any official position to date. Representative Howe further stated that he will work with Senator Wiener and question whether the AMM has a position. Mayor Egan, who is also President of the AMM, stated that it is their philosophy that cities should maintain autonomy over zoning issues. City Councilmember Awada stated that cities do not want to give up zoning/land use.�t�sjon-making authority. Mayor Egan spoke to the concern of cities which is local control and agreed .wjth;:C: y.Gi cifinembers Blomquist and Awada regarding not giving up zoning/land use to an appointed be iy, ::sutti-as 'tho,::Metropolitan Council, and that land use decisions should continue at the local level, Mayor Egan thanked Representa't4b':How6for,his attendance at the Special City Council meeting and invited him to make some official remarks at the regular Gity.+~ptincil meeting beginning shortly. ADJOURNMENT The meeting was adjourned at 6:30 p.m. Date City Clerk TLH MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota :::::::January 14, 1997 A special meeting of the Eag6n .Gity:Gouncil:-w4e held on Tuesday, January 14, 1997, beginning at 4:30 p.m. in Conference Rooms A and B, UpJxei L v l::o#44-' Mi kigal Center Building. Present were Mayor Egan and City Councilmembers Awada, Blomquist,_ Masin and- —Wiactiter.. Also present was City Administrator Hedges. The purpose of the meeting was to interview:cditdidates seeking advisory commission appointments. AGENDA ADOPTION City Administrator Hedges stated that along with Councilmember Blomquist, they had both been contacted by members of the Lawrence Poppler, Sr. family requesting that the City Council consider a change in the special assessments that were levied for P%ject 636R. City Councilmember Blomquist stated that Mr. Poppler is objecting to a $600 assessment per lot for fl a lots whereby he was charged for the engineering firm of Bonestroo, Rosene & Anderlik verifying the location of:utility servl>Ees for each of the lots. She suggested that this item be further discussed after the Commission inten,4.ews. City Administrator Hedges.:steted.:that ,A .question..had been raised whether a one-year alternate appointment counts as part of the maximum:...Fee ;lft.e.o=ypgr:�go.nsecutive terms that are allowed for Commission members. He stated that to date past practice' Yi9§''been''not'to*'i'rid ude the alternate year as part of the three consecutive three-year terms as outlined in the City Code. City Councilmember Blomquist asked if language relative to the alternate is an ordinance or a policy. City Administrator Hedges stated that it is a policy of the City Council and can be changed at the discretion of the Council. Mayor Egan acknowledged the agenda to include, in addition to the Commission interviews, further discussion of the Poppler assessment and the on. ate position and how it relates to the three, three-year consecutive terms for commission members:: ADVI40k.Y:dOMMISSIdN INTERVIEWS Mayor Egan welcomed eachCendidaie::,to.-.p...ten minute interview whereby, along with City Councilmembers, there were questions asked relative 'to : tFie'6dVlsory commission the candidate was seeking appointment to. There were 26 candidates interviewed with the fast iij>erview being completed at approximately 9:30 p.m. Each candidate was thanked for their time and interest in serving their community and was informed that the appointments would be made during Organizational Business at the next regular City Council meeting scheduled for January 21, 1997. POPPLER ADDITION ASSESSMENTSIPROJECT #636R Mayor Egan acknowledged..... quest: py.:l ityl'.:! icirtcilmember Blomquist to discuss that portion of the Popper Addition assessments pertainin j::tp::0 vedficatipti:�& service lines. City Councilmember Blomquist stated that she felt the Popplers are being asses'48 for recd* �that should be maintained by the City and consulting engineer and that it is unfair to charge $3,00:for verification of certain service lines that should be a part of the local record at City Hall. City Councilmembers.*.§mada a4'11.fachter explained that as members of the Public Works Committee, they have had a thorough disc�$iori: iid:ti)Jii ei0Us::i�it�etings with the Popplers regarding the special assessments for Project 636R which includ4f,06tefibe te:iierditg h of the service lines. They further stated that the record will state that service fine verification by the consulting engineer was taken into consideration when the special assessment amounts were reduced and a final agreement was reached between the Popplers and the City of Eagan at the December 16, 1996 City Council meeting. After further discussion, it was agreed that City Councilmember Blomquist would contact the Popplers and share the response of the City Council. City Councilmember Blomq*.t.:.iW4... 6$::tfiet all efforts be made by the City's Engineering Division to obtain old records from Bonestroo;:. i4i;ie 8, Ancien .tii avoid this type of problem in the future. OTHER BUSINEdt" There were no additional Page 2/Eagan Special City Council Meeting Minutes January 14, 1997 :ADJOURNMENT The meeting was adjournell., M. Date City Clerk TILH Agenda Information Memo February 4, 1997 Eagan City Council Meeting �• �'��%/��,i/�/� � r/^ 'i% :I X1..1 /i �r� �•. uW0 6K 13. 1 1:011 ACTION TO BE CONSIDERED: To approve, deny or approve with modifications the close out recommendations for the Municipal Center construction project. FACTS: Finance Director/City Clerk VanOverbeke has prepared a memo summarizing the financial status of the construction projects and made certain recommendations to close out the project. The recommendations have been reviewed by the City Administrator and he concurs with them. ATTACHMENTS: Finance Director/City Clerk memo is enclosed on pages through r city of eagan TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JANUARY 24, 1997 SUBJECT: POLICE, CITY HALL & SITE WORK CABLE TV - CABLECASTING CIVIC ARENA/POOL MINNESOTA MOOSE LOCKER ROOM SUMMARY/RECOMMENDATIONS MEMO Since the construction projects are substantially completed and the buildings accepted, I would like to provide you and the City Council with a financial summary of the activity. I would also like to have the City Council give final approval to all transfers and adjustments so that the financial statements prepared for the audit can be as current and complete as possible. Police, City Hall & Site Work Throughout the project, staff has worked extremely hard to meet the project budget, to complete a high quality, efficient and user-friendly project and to meet the same construction requirements which are imposed on the private sector. While there are variances with individual programs, these objectives have been achieved and the total project completed within budget. The following table shows a budget to actual comparison, including the five program areas in which costs were accumulated. Variance Program Area Budget Expenditures Favorable (Unfavorable) Police Building $3,722,450 City Hall 3,038,000 Site 943,400 Telephone 215,250(" Moving 10.000 Totals $7,929.100 $3,771,433 ($48,983) 2,900,202 137,798 962,292(2' (18,892) 225,721 (10,471) 21.5191j 1,519J $7,881,167 $47,933 (')Includes a $25,500 increase through a transfer from Public Utilities. This expenditure allowed for an upgrade to the telephone system at the Central Maintenance facility. The other option would have been to rent additional telephone equipment at a cost of approximately $18,000 to provide equipment while the City's Community Development and Engineering Departments were relocated to that site. (2�Includes a $500 retainage on the irrigation system and the balance of $10,505 from the first phase landscaping allocation of $65,000. These payments will be made in the spring as work is completed or accepted. This budget is financed from the following revenue sources: Community Investment Fund $7,279,500 Single Family Housing Bond Fund 200,000 Cable TV Franchise Fees 200,000 General Fund - Fund Balance 108,000 Interest Earnings 34,100 Public Utilities Fund 25,500 Equipment Revolving Fund 82.000 Total $7,929.100 Actual revenues include an additional $1,902 refunded from the State of Minnesota for the sales tax related to the holding cells in the Police Department. That refund, added to the favorable variance of $47,933 from the expenditure side, creates a total available balance of $49,835. Cable TV - Cablecasting The City Council authorized cablecasting improvements to the new City Council Chambers at an estimated cost of $218,000 to be paid for entirely from franchise fees. The actual final cost is now projected to be $196,630 and a transfer in that amount from retained Cable TV franchise fees is required. This work has been outside the scope of the combined building project discussed previously. Civic Arena/Pool The budget for this project, which began at $2,000,000, is shown for this analysis at $2,182,900. The change includes the additional $50,000 put toward the project by the City at the time the contract was awarded and the additional $132,900 for the ice resurfacer and other equipment. The final numbers comparing the budget to actual expenditure are as follows: Budget $2,182,900 Expenditures (2,219,346) Unfavorable Variance ($36,446) Proposed and actual funding for this project is as follows: Proposed Original Contract Award Civic Arena/Pool City: Community Investment Fund Single Family Housing Bond Fund Park Site Acquisition & Development Fund Raising: Cash In Kind Reduced Bid Equipment: Park Site Equipment & Development Other: Labor Council Payment Alta Mechanical Bond Actual $ 500,000 $ 500,000 $ 501,500 900,000 900,000 1,035,463'" 50,000 50,000 435,971 495,971 420,671 (2) 58,376 58,376 0(3' 112,000 0 0(3' 0 0 131,900 31,832 2,198 $2,006,347 $2,004,347 $2,174,564 (Includes an additional $135,463 which closes the Single Family Housing Bond Fund. (2)Includes $19,065 from the City Site Work Account to purchase light standards donated as part of the fundraising efforts, $11,333 in outstanding receivables and excludes $14,500 in receivables which are considered to be uncollectible at this time. (3)While the in-kind contributions and the reduced bid credit lowered the overall project cost, they did not generate cash to pay for the expenditures actually incurred. For that reason, they are both shown at 0 for this analysis. The final numbers comparing the budget to actual revenue are as follows: Revenue $2,174,564 Budget 2,182,900 Unfavorable Variance $8,336 After including the additional $135,463 and incorporating the assumptions regarding the donations, $44,782 remains to be funded ($2,219,346 - $2,174,564). The $44,782 is the sum of the unfavorable expenditure variance of $36,446 and the unfavorable revenue variance of $8,336. Minnesota Moose Locker Room The original cost estimate for construction of the Minnesota Moose locker room addition was $100,000. The final cost for the work that was actually completed is $72,763. The one fundraising effort generated $1,929; consequently, $70,834 is not funded. This issue is currently in litigation. Summa /Recommendations The material that has been presented is obviously highly summarized for the sake of clarity and brevity in presenting the final position. I have also chosen not to include specific information about City Council approvals and the various changes that took place along the way. That information and the complete record are available and can be provided, if you or the City Council would like to review the projects at that level of detail. With a couple of exceptions that will be called out in my recommendations, the costs have been incurred and the purpose of my recommendations is to complete the funding obligations related to these expenditures and then to close out all construction accounts. The recommendations I am making should all be considered by the City Council and given approval or direction to seek other options should be given. The recommendations are as follows: 1. A transfer of $25,500 from the Public Utilities Fund to the Construction Fund as previously explained be authorized. 2. A transfer of $196,630 from retained franchise fees again as previously explained be authorized. 3. The use of the balance in the Single Family Housing Bond Fund of $135,463 be authorized for financing the Civic Arena/Pool 4. The balance of the 1995 interest earnings of $173,078 be transferred to the Construction Fund where it was actually earned from cash balances on hand. 5. Authorization be given to proceed with the sign modification (the old Municipal Center sign) costing approximately $1,200, to proceed with screening the roof top equipment on City Hall at a cost of approximately $5,000 and to allocate $75,000 to Phase II of the landscaping requirements. The roof top screening and the landscaping components bring the project to development standards required in the community. The cash balances after incorporating the above referenced recommendations can be summarized as follows: Balance on Police, City Hall and Site Work $49,835 Deficit on Civic Arena/Pool (44,782) Deficit on Minnesota Moose Locker Room (70,834) Additional Interest Earnings 173,078 Phase II Landscaping Allocation (75,000) Screen Roof Top Equipment (5,000) Sign Modification1( .200) Total R5,097 Given this information, I am making two additional recommendations as follows: 1. The balance of $26,097 be dedicated to the City Hall furnishings, eg. landscape screens, account since that source was used as the contingency account to balance the overall project. 2. Any additional revenue received, such as recovery for the Minnesota Moose locker room, new contributions, better collections, etc., all be deposited to the Community Investment Fund. All remaining account balances would also be transferred to the Community Investment Fund. It should be noted that this memo does not include discussion of the second sheet of ice. The City has received a donation of $7,500 from the Eagan Hockey Association and will be paying $5,000 to ACC Architects for preliminary planning, design and budget estimating. Please let me know if you would like to discuss this information or the recommendations or if you would like any additional information. -91k) Fin c Director/City Clerk EJV/vmd Agenda Information Memo February 4, 1997 Eagan City Council Meeting B RESPONSE TO QUESTION REGARDING CONFLICT OF INTEREST ACTION TO BE CONSIDERED: To acknowledge the City Attorney's response to a question raised at the January 21, City Council meeting that reads as follows, "Prepare an opinion regarding whether members of the City Council can take action or discuss any items relating to their employer". The City Administrator and City Attorney will provide a brief response to the question raised by the City Council at the January 21 meeting. The City Council could ratify their direction at the work session meeting directing the City Administrator to file this memo as a part of the Council's policy manual. FACTS: • A question was raised at the January 21, City Council meeting whether a City Councilmember can take action or discuss items relating to his or her employer. • This item was scheduled for a work session on January 28, at which time the City Attorney did present a memorandum entitled "Conflict of Interest for City Officials" and the matter was discussed by the City Council. ATTACHMENTS: • City Attorney's memo on pages through -ML..1'41 i-Zr-er , 4;uurn, ; ')t'VtXSON SH©.DON 612 681 4612;* 2/ 5 TO: The Honorable Mayor, City Councllmembam and City Administrator, City of Fagan FROM: James F. Sheldon, City attorney DATE: January 27, 1997 RE: Conflict of Interest For City Officials Our File No. 206-14092 The following is a summary of the law,governing the area of conflicts of interest for City officials. This memorandum is based upon Minnesota Statutes and the opinions of the Attorney General interpreting those statutes. Finally, reficrencc is made to materials provided by the League of Minnesota Citics. L CONTRACTS. Except for certain exception.9 set forth below, a public officer who is authorized to take part in making any We, lease or contract in his or her official capacity shall not voluntarily have a personal financial interest in that sale, least or contractor personally benefit financially therefrom. Violation of this provision is a gross misdemeanor. In addition, City councilmembers are specifically prohibited from having a direct or indirect interest in any contract made by the Council. This prohibition has have been interpreted to prohibit council action even if' thr intereslxd councilmcmber abstains. As long as a eouneilmcrnber is "authorized" by law to take pan in any sale, lease or contrdcct a conflict of int=t is pn=t regw llcss of whcffia the rnembLr actually takes part in the vote on the contract. 71w "interest" described under the statutes, involves a pecuniary interest. Thus, the mere fact that a councilmember is employed by a firm having a contract with the City does not, as a macer of law compel a finding that such councilmember has an interest in that contract. 'flre cxutcilmemher must receive a direct or indirect financial benefit from the contact. Among the factors to be considered to determine whether a prohibited interest is present include: City; (a) The councilmember has no ownership interest in the entity which is contracting with the (b) The eouncilmomber is neither an officer or director of the entity; (c) The councilmember is compensatod on a salary or hourly wage basis and receives no commissions, bonus or other nmunera8on; and (d) The councilracmbcr is not involved in supervising the performance of the contract for the entity, and has no otba interest in the contract. R-94% 612 432 3780 01-27-97 05:04PM P002 #44 - . , ••, Y . uurrn ; SEVER.SpN S1iElDON, 612 681 4612;# 30 5 FurthenOre' the mere fact that a relative of a the City, does not necessanl councilmenrber stands to benefit from a con Councilmember must Y result in the disqualification of fact with re�rn the financial benefit, directly or Wirer councilmember. The receives no financial benefit, then there is no conflict. Y If the councilmember There are several statutofnY Pvscribed ex �Y' by unanimous vote, contract for ceptions to the eon{.lict of interest law. situadonti. goods or ,ices The City Council MUe some of these exceptions r ` interested o voting, it is advisable that the co tha' the i fficea st certain uncilmember abs0d °Qugci]membcr abstain from the �w• In order to even though not expressly would be countod. reach a `�namm°� VOA" Y the remain' required to under disinte ed Ceuneilmembers !bc following exceptions that apply to council hers arc allowed under the statute: 1 • The designation of the bank or sa in intetcstred, for the � asSOC�4n in Which the eouncilmem� is source of borrowing��ses of rizing a depository for public funds and as a 2. The designation ofaa official ne when the councilmen p ocial tri her is an ink aper or the Publication of aper therein 3• A contract with a coop association in which the cotmcilmember is a Shareholder or stockholder, but not an of or manager. 4• A contract for which con amount of the Conbuct is m true bids are not required by law. �n $25,000.00, the Ci Generally, if the bidding. City must utilize competitive 5• A contract with a volunteer FireD the Payment of retirement belt for the paymo,t of compcui.ion or for 6. A contract with a municipal band for the payment of compensation unanimous vote. if aPprovod by 7. A COuncilmember may rent space in Paid by other members of the a public facility at a rate comme public. nsurate with that 8. An application for s loan or Purposes orthis exception, 1 level a local development organization. For redevelopment development organization" rn cP authority, economic develo cans a housing and Program, port autboritY, or Private consultantnt authority, community action E 612 432 3780 01-27-97 05:04PM P003 #44 SENT BY: 1-27-97 ; 4 : OOPN ; EVERSON 9EIM 612 681 46124 # 4/ 6 9. A contract between the City and a utility for a fizachisc agreement or contract for the provision ofutility services to the City, if the interested counc>7member absWris from voting on any ol'801al action relating to tate agreement or contract. E06 of these OW-eptioos require certain conditions to be satisfied. Reference should be nude to the statutory provisions for specific guidance. IL NON -CONTRACTUAL SMATIONS. In those situations where a councilmember may have an interest in a non -contractual setting, the Supreme Cotnt of Minrmota has outlined several factors which are considered relevant in making the determination of a conflict of intarest. Then is no settled general rule as to whether the interest will disqualify an official and each case must be decided on the basis of the particular facts pre.gwl- Among the relevant factors to be considered are the following: (a) The nature of the decision being made; (b) The nature of the pecuniary interest; (c) The number of officials Working the decision who are interested; (d) The need, if any, to have interested persons make the decision; and (e) The other means available, if any, such as the opportunity for review, that serve to insure that the officials will not act arbitrarily or selfishly. The primary factor to be considered is the nature or extent of the interest by the councilmember. 11' the councilmember has a large, direct pecuniary interest in the decision, he or she would have a sufficiently direct interest in the outcome of the matter to justify setting aside the Council's action. If the councilmember is the only member with a conflict of interest, then the Council's hands would not be completely tied if the member abstained. Therefore, that member should abstain. The corollary to this factor is the situation where a majority of the officers have a direct pecuniary interest. In such a case, if adequate t afeguards exist to monitor and review the officials' decision, the councilmembers may take part in the decision so that the Council may carry out its obligations. E Iles in which the non -contractual conflict of interest may arise include the isssian mee of a liquor license, the ummwai oratreet improvements and arseccmenta, a mning variance, a watered district improvement projea and the establishment of a town road. Although each of these cases did not involve a contract per se, the Courts have constnied the contractual conflict of interest statutes to make clear the intent of the Legislature; a public official of Mlmesota shall have no persond financial kmzem in the action performed in his or her official capacity. 3 R-94% 612 432 37:0 01-27-97 05:04PM P004 #44 SEN'rBY: 1-27-97 ; 4:01PM ; SEVERSON SHELDON 612 681 4612;* 5/ 5 III. WHAT TO DO IF A CONFLICT PRESENTS ITSELF. A potential conflict of interest should not be taken lightly. If a conflict exists it may not only disqualify the councilmember, but void an entire action of the Council. To limit the possibility of this result, the following actions should be undortalmn. A councilmember's first step should be to convey their conccm to the City Administrator whn, in turn, will consult with the City Attorney. If the conflict concerns another councilmember. the issue should be raised with the Mayor or City Administrator to be piaccd on the Council Agenda. The situations describod above do not require disclosure of the potential conflict of interest in every case. However, specific situations should be refe red to the City Administrator to make sure that the councilmember complies with the conflict of interest laws. If you have any questions concerning these materials please contact the City Administrator at your earliest convenience. V. VOTING. A legal disqualification from voting reduces the number of sitting councilmembers on a particular item. GEDlkmw cc: Gerald (Jud) E. DeLoss, Esq. 4 R-94% 612 432 3780 01-27-97 05:04PM P005 #44 Agenda Information Memo February 4, 1997 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. PERSONNEL ITEMS Item 1. GIS Technician -- ACTION TO BE CONSIDERED: To approve the hiring of Tami Wheelock as a GIS Techncian in the Utility Division. Item 2. Part-time Building Maintenance Worker -- To approve the hiring of a person to be recommended as the part-time Building Maintenance Worker in the Parks Department. FACTS: Interviews were held on Thursday, January 34, for the part-time Building Maintenance Worker position in the Parks Department. References and background are currently being checked. It is anticipated that a name as recommended to be hired will be furnished with the Administrative packet on Monday or at the Council meeting on Tuesday. Item 3. Resignation/Temporary Part-time Recycling Intern -- ACTION TO BE CONSIDERED: To accept the resignation of Brian Distad from his position of temporary part-time Recycling Intern. Item 4. Temporary Seasonal Boot Hockey Official-- III01030 l ICS :3 10MM-W ot"7_3113 To approve the hiring of Chris Larson as a temporary seasonal Boot Hockey Official. Agenda Information Memo February 4. 1997 Eagan City Council Meeting PERSONNEL ITEMS CONTINUED: Item 5. Volunteer Firefighter/Termination of Membership -- ACTION TO BE CONSIDERED: To approve the termination of David Sorby from membership in the Volunteer Fire Department as recommended by the Executive Board of the Volunteer Fire Department. FACTS: Mr. Sorby has attendance deficiencies for five of the last seven quarters. According to the bylaws of the Volunteer Fire Department, this is cause for termination of membership. Item 6. Approval of Apprentice Firefighters -- ACTION TO BE CONSIDERED: To approve Pat Trembley. Mike Morotz, Bill Knoll. Steve Plaschko_ Joe Werden and Jon Stevenson as apprentice members of the Eagan Fire Department. FACTS: The individuals noted have passed the physical and psychological examinations and began apprentice training in January. The apprentice status is maintained for 18 months from the beginning of training. B. RESIGNATION, APC ALTERNATE POSITION ACTION TO BE CONSIDERED: To accept the resignation of Shawn Hunter as the alternate to the Advisory Planning Commission. ATTACHMENTS: 0 Mr. Hunter's correspondence on page �3 . IN 11 91/22/97 10:18 R -95X January 22, 1997 CAP GEMINI AMERI Shawn Heater 4125 Country View Drive Eagan, MN 55123 612-452-8074 City Administrator Tom Hedges and City CwncU: I want to thank the City C nuncil for being considered for the Advisory Planning Commission. I must decline the appointment as alternate member. Aftcr watching the voting on cable TV, it was apparent that the Council prefers to get newer, less experienced folks involved on the Commission. In addition, it was my intent to provide the sometimes -embattled Commission with some leadership, direction, and experience. It is obvious that as an alternate member, neither goal can be met. Thanks again for your consideradom 01-22-97 09:54AM P002 #26 Agenda Information Memo February q. 1997 Eagan Citi- Council Meeting C. PET SHOP LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve renewals of pet shop licenses for Heartland Pets, 1960 cliff Lake Road. Walmart. 1360 Town Centre Drive: Wetworld. 3390 Coachman Road, #206; Pet Food Warehouse. 1296 Town Centre Drive. as presented. FACTS: This item was continued from the January 21 City Council meeting to permit the completion of staff re,,ie,,N- and site inspections. Those items have been done and the applications are in order for consideration by the City Council. m All sites have been inspected by the animal control officer and meet City requirements for issuance of a license. + Wet World. Walmart and Petfood Warehouse confine their pet sales to fish or hamsters. Heartland is a full service pet shop. ATTACHMENTS: Pet shop licensing regulation checklist example on p, 4 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 PET SHOP LICENSING PET SHOP is for the purpose of selling live dogs, cats, monkeys, hamsters, parrots, fish or other small animals. Pet shops are permitted in commercial zones only. A LICENSE IS REQUIRED. LICENSING REGULATIONS: Floor is constructed of non-absorbent/non-adsorbent material. Floors are clean, sanitary and in good repair. walls and ceilings are clean, sanitary and in good repair. Animal housing is of metal, glass, durable plastic or other durable material. Animal housing is clean, sanitary and in good repair. Animal housing is sized sufficiently for humane confinement. Rooms containing animals are illuminated at least 8 hours a day with sufficient lighting to permit routine cleaning and inspections. Rooms mechanically ventilated for air exchange. Room temperatures do not endanger anitr.a.1s' health. Odors and organisms do not enter adjacent businesses. Replacement air preheated so as not endanger health of animals. Utensils used in food preparation and feeding are clean, sanitary and in good repair. All animals are kept within the enclosed building. All animals subject to distemper and infectious hepatitis have proof of innoculation prior to delivery to pet shop by licensed Minnesota veternarian. Monkeys must have proof of annual tuberculin test. There is a separate room for storing janitorial supplies and equipment. Janitor's room has sink with hot and cold running water. Inspected By: S Date: Agenda Information Memo February 4. 1997 Eagan City Council Meeting D. TOBACCO SALES LICENSE/TOBACCO ETC. ACTION TO BE CONSIDERED: To approve a tobacco sales license for Tobacco Etc.. located at 1430 Yankee Doodle Road. FACTS: • The City is in receipt of an application from ]men Akli for a tobacco license at the above referenced location. The application has been reviewed by staff and is in order for reyie'.y b. - the City Council. ATTACHMENTS: • Application enclosed without page number. E. TEMPORARY BEER LICENSE 'PEST PUBLISHING MENS CLUB PARTY ACTION TO BE CONSIDERED: To approve a temporary beer license for the West Publishing Mens Club Party on Saturday, March 1. 1997. FACTS: • The City is in receipt of an application from West Publishing for a temporary beer license for a party at its facility on March 1. • The application has been reviewed by staff and is in order for consideration by the Council. ATTACHMENTS: 0 Application enclosed without page number. 4 Agenda Information Memo February 4, 1997 Eagan City Council Meeting F. FINAL PLANNED DEVELOPMENT DECALLA PROPERTIES, LLC ACTION TO BE CONSIDERED: To approve or deny a Final Planned Development for Lot 2, Block 1, Rahn Ridge 2nd Addition located west of Rahncliff Road, just north of the new Hedlund Engineering building. FACTS: On February 6, 1996, the City Council approved the Preliminary Subdivision and Preliminary Planned Development for Lot 2, Block 1. Rahn Ridge 2nd Addition allowing a 20,250 sq. ft. office building. Rahn Ridge Associates Ltd. Partnership has submitted an application for Final Planned Development approval and all plans are consistent with the preliminarily approved plans submitted in 1996. BACKGROUND/ATTACHMENTS: (2) T ...,.s.:..« A)F.,« ...,..a // ��l � ey� �a l � �J�^.� �,f$' r '' I" � ICS �-- r•'� � �1riNE,:AN A; r'41 1a I,C 8 jM a r atl CE�,a�, - : K YEA Imo% POND oARK 7Fijl j 6' ` �ZFCC►+iA c _ _E � 65' I < Z--)RAL 'A j 1aQRY OR -K A ►ETCH--• ` �V r i}� iLS SARK A"p'aAT X '! DAR RDG$ Ox � cr 3 C A A :100cir AK• oil ^� i�l� v-- �� moi\ i�'✓ Is r Rot ERN �R i!CL C, y RK TT PARK • t $ a AC iWA.L4L- VOKu - 40K,A � • .� � ,y I �71�A C � T ' GALCT. O 9 �!i s g. H NANO �`r \ SCR ETT r ► c, tid+,� ,,f `� i PIN .OAK ?q J •��] ,� - , �9� ■A►N .0 wA LAT.. 31 "N,'Id 'a p / '� ! s •� ' j r I'•• ' Of CRWE R - Y A.— TANA R. IL- TR AvOM n•, � L- - nT. 17.- MITA R. x e Y•-IM206CLL R. IL- UITA A'T. L- Mww R, ti- MRM K. H L- GENOA* /T. 3L- STAVON AT. y IL— mo*WAY R. 2L— ALTA RT. Iw S A E� C•t tt.— 7MLAN PT. -:CO — — ——_c;100 t �( APPLE VALLEY LOCRTION rm (� : 1L' I I I i 7v •. v. . rl _.._----_--1— --- ----_—.—'��.r—L.1—'i_�----_---_— i 1 e 1 I •]�' ............................................... IA ..,-- - --- - --�---r---- - - - - - - - -- . r- - - ---- b r ..........� I I Rn.l ij s' Fl r .a e I 'I •. }"_—AI��,HA SE LINE ------------ 1 o I rPHA. I ✓Ifs-/ .... ....,- L' ------.---------A I ------------- y a I 4 a I � O I _q I I I. ---------• M I m 11 7- I2 7-1 - I I I' I ' v4 � e I C— - - - - - - -- - - - - -----------..'' ............. •------• 'Q64 ..' '�•• RANN RIDGE 211011,01,10" yrTrrle.rioe w... I -,c.. 1.... OVERALL PLANNED DEY. SITE PLAN �� i [ rlMrueP ra PAIM RIDGE ISSOCIAIE$ ..,, w/'••••• unc .. .. -1 y 10ei ur" ^.. pn.v[ illMlnl [eylMrrint Du.Y.Yln1 ! � r1 • ua.r .r •ssol. ssu, tool nM ae Or1.1 ' "? • I1' j r•a+e nnl.rn•e[oo [�Ien, I M.aT =w.�: RR• 8_ •�-i-1ti;::• T C N j R: ' G j - ;-S8 Sp SSSS -•S8 SSSS 14 _ g It R• xs o :ace o tips s;i•i r:s;x• y ..' '�•• RANN RIDGE 211011,01,10" yrTrrle.rioe w... I -,c.. 1.... OVERALL PLANNED DEY. SITE PLAN �� i [ rlMrueP ra PAIM RIDGE ISSOCIAIE$ ..,, w/'••••• unc .. .. -1 y 10ei ur" ^.. pn.v[ illMlnl [eylMrrint Du.Y.Yln1 ! � r1 • ua.r .r •ssol. ssu, tool nM ae Or1.1 ' "? • I1' j r•a+e nnl.rn•e[oo [�Ien, I M.aT Agenda Information Memo February 4, 1997 Eagan City Council Meeting G. STREET NAME CHANGE ACTION TO BE CONSIDERED: To approve changing the street name "Hampton Drive" to '`Interstate Drive" at the southeast intersection of Lone Oak Road and Interstate 35E. FACTS: • In order to avoid confusion for public safety issues between Hampton Drive and the Hampton Inn located direct], across I -35E. City staff is initiating the street name change. • An application for a hotel (Homestead Village) has been submitted for the Februar}' Advisory Planning Commission meeting on the property bounded by I -35E. Lone Oak Road. and Hampton Drive. From a fire and life safety position. there is concern that if the street name remains "Hampton Drive", an emergency call at the Homestead Village ma, be accidentally routed to the Hampton Inn which is addressed off Eagandale Place. • There are currently no businesses or residences addressed off Hampton Drive. BACKGROUND/ATTACHMENTS: (1) Location Map. page AL ( b M 0 O K m O Z Y 0 O r rl 1-. OD CC AT 1 a N Agenda Information Memo February 4, 1997 H. EXTENSION OF TIME FOR RECORDING CONDITIONAL USE PERMITS - RICHFIELD BLACKTOP ACTION TO BE CONSIDERED: r To approve or deny a 60 day extension of the time for recording Conditional Use Permits for Lot 5. Block 3. Letendre addition No.2. located east of Highway 13 and north of Letendre Street at 3206 Sibley Memorial Highway. FACTS: In December of 1996. the City Council approved four Conditional Use Permits for Richfield Blacktop for this property. Two of the permits were neve requests. and two amended existing conditional use permits. Since the City Council approval in December. staff has been working to clarify the details of the conditions of approval and to identifi- dates for completion and implementation of the requirements. To ensure compliance with the conditions of approval. some of the conditions must be satisfied prior to the city releasing the permits for recording. Because of the number of conditions to be satisfied and the complexity of the issues involved. a 60 -day extension of the time limit to record the Conditional Use Permits is requested to allow sufficient time for plan preparation and review. and implementation dates to be established. Agenda Information Memo February 4, 1997 I. VACATION - (LOT 17, BL. 2. SUN CLIFF 5TH ADDN) ACTION FOR COUNCIL CONSIDERATION: To receive a petition to vacate a drainage and utility easement for Lot 17, Block 2, Sun Cliff 5'h Addition, and schedule a public hearing to be held on March 4, 1997. FACTS: • City staff has received a request to vacate an existing drainage and utility easement over the above -referenced parcel as described. Staff has reviewed this application and found it to be in order for favorable Council action of scheduling a public hearing to formally present and discuss the merits of this request. ATTACHMENTS: Location map, page. Easement vacation description & sketch plan, page l3 �RCON i A. I z _, ENI+ LD C, '-C'• =,1PQu,FE J 7S-r- BADGER CNIP4fUNK CT. SvUTHP-\4- TIMBERci TI^1 OR'• (n w a. 7 -jcf SEARPATH Q 4Z4Z4 ECK BA1 5.GRAUr AUCOVE 6.KYLE WAY 7. NAPS Y RAHN 5 1 PARK ;% 1"r _R I WAY iL I�rKET PARK city of eagan PUBLIC WORKS DEPARTMENT �O rtiMEA 711z: xx I T DIFFLEY ROA F-FROF-C>SEE> VACATION 1 cc.VvA i�t\, SECTION 29 LOCATION MAP Uw, LIJUT `= �1I 'coo JAN. '996 reaql'�ak cyp ya'tv-ey For: GRAND OAKS DEVELOPMENT C. R. WINDEN a ASSOCIATES, INC. LANO SURvfrORS TOL 643-3644 I.3at EUSTIS ST., ST. PAUL, MINN. 55104 PROPOSED VACATION OF 5' DRAINAGE AND UTILITY EASEMENT AS PLATTED UNDER SUN CLIFF SECOND ADDITION k �o All drainage and utility easements platted under Lot 1, Block 5, Sun Cliff 2' Addition, Dakota County NIN S• 's 06Iz c ce' \i CIF i i` Scale: 1"=30' o Denotes Iron Monument Bearings Are Assumed r .0 PV� b4 - Lot 17, Block 2# SUN CLIFF FIFTH ADDITION, Dakota County, Minnesota. WE MEREli' CERTIFY THAT THIS IS A tRUE AMC) CORIECT REPRESENTATION OF A SURVEY Of THE SMP40ARIES Of THE LAND A&OVf DESCR14E0 AND OF ?HE LOCATION OF ALL IVILDINGS, If ANY, THEREON, AND ALL VISIiLI ENCROACHMENTS. IF ANY, Flo" OR ON SAID LAND Dosd thisdes „is�unG A.D. IM -T- C. R. WINDEN R ASSOCIATES, INC. K S�r.�*rr, AAiwwfa�ho Rs4ii�nt►sw No, rrr�s o• Agenda Information Memo February 4, 1997 J. VACATION - (LOTS 1 & 2, BLOCK 3, EAGANDALE CORPORATE CTR) ACTION FOR COUNCIL CONSIDERATION: To receive a petition to vacate a drainage and utility easement for Lots 1 & 2, Block 3, Eagandale Corporate Center, and schedule a public hearing to be held on March 4, 1997. FACTS: City stats has received a request to vacate an existing drainage and utility easement over the above -referenced parcel as described. Staff has reviewed this application and found it to be in order for favorable Council action of scheduling a public hearing to formally present and discuss the merits of this request. ATTACHMENTS: Location map, page I Easement vacation description & sketch plan, page f(�e U Y , Q O W Z CORD. 26 J LONE OAK ROAD I CLUBVIEW ' DR. .W DR. I >I Q zlO zCl J I w a I z APOLLO I ROAD y; PROPOSE[ VACATION ALDRIN Q N U � Z � J uj J U I g YANKEE I DOODLE ROAD LCorr so. V -1 } Z DR. GOLF CO��SE uj WESCOTT END J RD. TR. TRAIL f r—j r--7 (---j h a X SECTION 11 4 =aou JAN. 1996 city of eagan PUBLIC .+ AT 1 O N AAAP WORKS DEPARTMENT 1 . s •£if — �s 50.95. 5 99•4n _5' c •19!.'.18-_ 'y er H 59,44'015" w _Nn - r+ yr Here :s the legal description for the proposed vacation of easement through the Q property being purchased by Liline. Inc.: The utility easement that lies ten (10) feet on either side of the sideline between Lots 1 & 2. Block ?. EaWdale Corporate Center. Dakota County, Minnesota, except the northerly and southerly ten (10) feet thereof. • + • • • # • • • • • • • • • • • -PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT city of eagan PUBLIC SITE PLAN WORKS DEPARTMENT I► II r r 3 II IE II I I I fl II I I II li II 1 I I ." It - ALCRIN -: pRIVE ?ry ---------...rd. VI I T FP fI 2 1 126 i SVf I I 'y er H 59,44'015" w _Nn - r+ yr Here :s the legal description for the proposed vacation of easement through the Q property being purchased by Liline. Inc.: The utility easement that lies ten (10) feet on either side of the sideline between Lots 1 & 2. Block ?. EaWdale Corporate Center. Dakota County, Minnesota, except the northerly and southerly ten (10) feet thereof. • + • • • # • • • • • • • • • • • -PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT city of eagan PUBLIC SITE PLAN WORKS DEPARTMENT Agenda Information Memo February 4, 1997 Eagan City Council Meeting L. RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN - OAK HILLS CHURCH ACTION TO BE CONSIDERED: To approve a resolution amending the Eagan Comprehensive Guide Plan on approximately 14 acres, from D -III Mixed Residential (6-12 units per acre) to PF Public Facility to allow construction of a church located at the southeast corner of Yankee Doodle Road and Coachman Road in the NW 1/4 of Section 16. FACTS: The City Council reviewed the comprehensive guide plan amendment request at their January 4, 1997 meeting and directed staff to forward the request to the Metropolitan Council for review. The Metropolitan Council reviewed the proposed amendment and determined that it would not impact upon any of the metropolitan system plans and policies. Therefore, the amendment may be placed into effect. ATTACHMENTS: Resolution, pages 4;�O through;�-- Location map, page �� Letter from Metropolitan Council, dated January 22, 1997. page ;L0 EAGAN CITY COUNCIL MEETING FEBRUARY 4, 1997 CONSENT AGENDA ► ia■ i w "11"1 1 1 �-.i i l s 7140 i•11 1" FOR COUNCIL ACTION To approve an agreement with Dakota County Parks Department to provide cross country trail and tubing hill grooming and authorize the Mayor to execute the agreement. BACKGROUND The Parks and Recreation Department previously had a cooperative arrangement with the City of Lakeville for trail grooming. Lakeville's equipment is older, smaller and often unreliable or unavailable. Dakota County Parks has assisted the City of Eagan during this winter season, however, because of the current need, and likelihood of future needs, a formal arrangement is desirable. FACTS ► Dakota County Parks will provide the equipment and operator to groom cross country ski trails and the tubing hill at Trapp Farm Park on a per call basis. (Staff anticipates this will occur from four to seven times per season) Dakota County will bill this work at an hourly rate of approximately $86.50. ► The agreement was drafted by the County attorney's office, has been reviewed by the City Attorney and staff, and is recommended for approval. No Grooming of the tubing hill at Trapp Farm is essential in order to break up the ice conditions that occur. This improves the hill's safety and reduces the potential for accidents. ► The agreement expires at the end of this season and will require a new agreement for next year. CONCERNS Staff's only concern is that at some point in the future, the County may expand their own trails and not have capacity to assist the City. The City may then have to find another agency or provider to do this work. 1:7 &1107 R i�C1�]rE A RESOLUTION AMENDING THE EAGAN COMPREHENSIVE GUIDE PLAN WHEREAS, the City Council of the City of Eagan is the official governing body of the City of Eagan; and WHEREAS, the City Council of the City of Eagan adopted the Comprehensive Guide Plan on April 19, 1983, pursuant to the requirements of Minnesota Statutes, Section 473.864; and WHEREAS, Oak Hills Church has submitted an Application for an Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto located at the SE corner of the intersection of Yankee Doodle Road and Coachman Road changing the land use designation of the subject property from D -III Mixed Residential (6-12 units/acre) to PF - Public Facility; and WHEREAS, a public hearing was held by the Advisory Planning Commission of the City of Eagan on December 19, 1996 at which time the Advisory Planning Commission recommended approval of the Amendment to the Comprehensive Guide Plan; and WHEREAS, on January 4, 1997 the City Council of the City of Eagan approved the Amendment to the Comprehensive Guide Plan on approximately 14 acres changing the land use designation from D -III Mixed Residential to PF Public Facility subject to the approval of the Metropolitan Council; and WHEREAS, the Metropolitan Council has determined that the Amendment to the Comprehensive Guide Plan for the land shown on Exhibit "A" attached hereto has no potential impact upon any of the metropolitan system plans and therefore the City may place the Amendment into effect immediately; Q \ NOW. THEREFORE. BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAGAN. DAKOTA COUNTY. MINNESOTA hereby adopts an Amendment to the Comprehensive Guide Plan changing the land use designation of approximately 14 acres of land as shown on Exhibit "A" attached hereto from D -III Mixed Residential to PF Public Facility. THIS RESOLUTION passed this day of of the City of Eagan. Minnesota. ATTEST: E.J. VanOverbeke, City Clerk M. Now . 1997 by the City Council Thomas A. Egan. Mayor Oak Hills Church Ow of Case No. 16 -CG -12-11-96 Comprehensive Plan Map Guide Plan Designation D -III Mixed Residential (6-12 units/acre) N soo 0 300 boo 900 feet p� City of Eagan Commnity Development Departmern Metropolitan Council I.J Working for the Region. Planning for the Future January 22. 1997 Ms. Julie Farnham City of Eagan 3830 Pilot Knob Road Eagan. MN 55122 RE: City of Eagan Plan Amendment - Oak Hills Church Metropolitan Council District 15 Metropolitan Council Referral File `c. Dear Ms. Farnham: The Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on January 10. 1997. The amendment proposes to change the land use designation on approximately 14 acres from D-II1 Mixed Residential to Public Facilities to allow construction of a church on the southeast corner of the intersection of Vankee Doodle Road and Coachman Road in the NVQ' 14 of Section 16. We have determined that the proposed amendment has no potential impact on. or result in a substantial departure from the regional system plans and policies. Therefore, the city may place the amendment into effect immediately. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide. the Council will waive further review of this amendment. The amendment. explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact Lynda Voge, principal reviewer. Office of Local Assistance at 291-63 '7. Sincerely. Thomas C. McElveen, Deputy Director Housing. Development & Implementation Office of Local Assistance cc: Kevin Howe. Metropolitan Council District 15 Lvnda Voge. Referrals Coordinator Sherry Narusiewicz. 'SIN DOT Metropolitan Division Carl Schenk. Sector Representative. Office of Local Assistance Bob Davis. Office of Local Assistance 230 East Filth Street Sl. Paul. Minnesota 55101-IH34 (6121291-6359 Fax 291-6550 TDD/TN 291-0904 Metro Info Line 229-3780 An Fyuul Opl-mwunl bnploiwr did Agenda Information Memo February 4, 1997 Eagan City Council Meeting 0V Bill XV -0010 F110 RVILUME0136 161 _ /TO1 1 ' T 1 0 0 / :: 4 0_ 1)d 0 1 ACTION TO BE CONSIDERED: To appoint members to fill the vacancies that exist on the Burnsville/Eagan Telecommunications Commission, Advisory Planning Commission, and Solid Waste Abatement Commission. FACTS: 1. Advisor- Planning Commission --Due to the resignation of Shawn Hunter.. who «as appointed at the January 21 City Council meeting, it is necessary to appoint a member to the one-year alternate position. Applicants Kurt Augustin Mark Filipi Ronald Hanson Gunnar Isberg F.J. Sabongi REQUESTED ACTION: To appoint one member for a one-year alternate term. 2. Burnsville/Eagan Telecommunications Commission --There were no applicants for the City Council to consider at the January 21 City Council meeting. As per the Council's direction, letters were sent to all applicants who were not appointed to a commission notifying them of the vacancy on the BETC. Applicants were asked to respond to the Administration Office by February 3 if they were interested in this position. To date, no calls have been received. The City Council provided further direction that if no interest was generated by the letter that the position should be advertised. REQUESTED ACTION: To appoint one member for a one-year alternate term unless no responses are received by Monday. (Absent a response, the vacancy will be advertised.) a �' Agenda Information Memo February 4, 1997 Eagan City Council Meeting 3. Solid Waste Abatement Commission --There were no applicants for the business representative position for the City Council to consider on January 21. Direction was provided by the Council to contact the hauler community to see if there was anyone interested in filling this vacancy. By way of clarification, the commission membership consists of five resident representatives, two hauler representatives and two business representatives. The hauler positions are currently filled and a vacancy exists for a business representative. If the Council wishes, staff can advertise and contact the Chamber of Commerce for potential business applicants. REQUESTED ACTION: To provide staff direction to solicit potential business representatives through advertisement and Chamber contact. ME, Agenda Information Memo February 4, 1997 Eagan City Council Meeting NEW BUSINESS A. CONDITIONAL USE PERMITS - DART TRANSIT ACTION TO BE CONSIDERED: ► To recommend approval or denial of a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12, subject to the conditions recommended by the Advisory Planning Commission. ► To recommend approval or denial of a Conditional Use Permit to allow outdoor storage of trucks on the "Sill's" parcel, located west of T.H. 149, south of Stark's restaurant, in the east half of Section 12, subject to the conditions recommended by the Advisory Planning Commission. FACTS: ► The proposed developments on the "Kwik Trip" and "Sill's" parcels are part of Dart Transit's long-range development plans. Dart's intent at this time is to obtain assurance from the City that the proposed truck parking use will be permitted so they can plan for their future expansion. Subsequently, at this time they have not prepared or submitted detailed development plans. ► The conceptual site plan for the "Kwik Trip" parcel shows 313 trailer parking spaces. These would be additional parking spaces for the Dart Transit headquarters operations located on the adjacent property to the north. IN. The conceptual site plan for the "Sill's" parcel shows a new 96,000 s.f. office/warehouse building, 110 car parking spaces and 128 truck trailer spaces. A portion of this parcel is across T.H. 149 from "R" Districts (R-1 and R-3). As such, a 100 foot landscaped buffer area must be provided or a variance will be required. In addition, loading docks cannot be closer than 300 feet to the "R" Districts without a separate CUP. 10. The landscape plan submitted includes nearly solid screening along T.H. 149 which meets City Code. However, much of the trailer parking on the "Sill's" parcel will be south of the proposed building in an area that does not abut T.H. 149 and is therefore not subject to the screening requirements in the landscape ordinance. Dart is proposing a chain link fence around the trailer storage area. The Council will need to determine if the visibility of the trailers from T.H. 149 negatively impacts the appearance and existing character of the area. 01 ► There appear to be some wetland and water quality issues. However, more detailed information is needed to clearly assess the situation. ► Access to both the "Kwik Trip" and "Sill's" parcels will be from the so-called Borchert - Ingersoll Road, a private roadway currently providing access to Power Brake Equipment Company located to the west. Use of this access onto T.H. 149 by the proposed developments is subject to MnDOT approval. ► The existing private roadway should be upgraded from a rural section to an urban section roadway (60 foot right-of-way), as a cul-de-sac, in accordance with City standards. Because this roadway will serve more than one development, it should become a public road. As such, public right-of-way should be dedicated over the roadway between the two parcels, with each parcel dedicating 30 feet. ► A neighborhood meeting was held on January 9, 1997. Two people appeared, one representing the residential neighborhood to the east, the other owns a business on Mike Collins Drive. The major concern raised related to traffic impacts on T.H. 149. ► At their regular meeting on January 28, 1997, the Advisory Planning Commission recommend denial of requested Conditional Use Permits on both the "Kwik Trip" and "Sill's" parcels due to concerns about inadequate information, particularly regarding traffic and access impacts. ISSUES: ► The City does not have a formal concept review process. As such, detailed plans are required with development proposals. Because Dart has not submitted detailed development plans at this time, it is difficult to determine the compatibility of the uses in this specific location and how their impacts would be mitigated. If the requested CUP's are approved, staff recommends that the site development details for these parcels be subject to review by the APC and City Council prior to issuance of grading or building permits. The purpose of a City review would be to ensure that the impacts of the proposed development on surrounding properties are adequately mitigated. ► The APC expressed concern that this request was premature. They noted that several studies are underway, including the City's trucking study and the County -led T.H. 55/149/Yankee Doodle corridor study, that may have a bearing on this proposal. Until these studies are concluded, action on this request may be premature, particularly in light of the fact that Dart Transit does not intend to begin construction immediately. BACKGROUND/ATTACHMENTS: ► Staff report, pagesthroughqL January 28, 1997 APC minutes, pagesthrough PLANNING REPORT CITY OF EAGAN REPORT DATE: January 23, 1997 APPLICANT: Dart Transit Co. PROPERTY OWNER: Dan Oren (Dart) CASE: 12 -CU -28-12-96 HEARING DATE: January 28, 1997 PREPARED BY: Julie Farnham REQUEST: Conditional Use Permit to allow outside storage of trucks LOCATION: Properties on the west side of T.H. 149, south of Stark's restaurant COMPREHENSIVE PLAN: IND Industrial ZONING: I-1 Light Industrial SUMMARY OF REQUEST Dart Transit Company is requesting Conditional Use Permits to allow outdoor storage of trucks on two properties on the west side of T.H. 149, south of Stark's restaurant, east of the Chicago, Milwaukee, St. Paul and Pacific Railroad in the east half of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: A. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. B. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. C. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. D. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Planning Report - Dart Transit January 28, 1997 Page 2 E. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. F. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. G. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for Noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. BACKGROUNDMISTORY Dart Transit purchased the two 10 acre parcels directly to the south of their existing headquarters site which they hope to utilize for expansion and future development. The parcels are bisected by the so-called Borchert Ingersoll private road. The north parcel ("Kwik Trip") is intended to be used solely for additional truck parking for Dart Transit. The south parcel ("Sill's") is proposed to include a warehouse building with related employee and truck parking. The Dart headquarters property includes the headquarter building, the Pro -Stop building, about 263 parking spaces for cars, 95 tractor and 95 trailer parking spaces. Dart has indicated they intend to expand both the headquarters building and outdoor truck parking in the future. A CUP will be required for the expansion of truck parking on that property. The proposed development on the "Kwik Trip" and "Sill's" parcels, in addition to expansion on the Dart headquarters site represents Dart's long-term full development plan. The site plans submitted for the "Kwik Trip" and "Sill's" parcels are conceptual. Dart's intent at this time is to a) 0 Planning Report - Dart Transit January 28, 1997 Page 3 obtain assurance from the City that the proposed truck parking use will be permitted. Staff notes that the details of how a site is developed are often critical in determining the impact of a proposed use and what conditions may be needed to mitigate any impacts. Accordingly, more detailed plans (e.g. landscaping, lighting, signage, building design, grading, tree preservation) should be subject to review by the APC and City Council prior to issuance of grading or building permits. Staff notes that additional CUPS or variances may be required if the detailed plans do not meet code requirements. According to City Code, conditional use permits expire within one year if the use has not been established. As such, the uses will need to be establish on these properties within one year or a new CUP will be required if the original CUP expires. EXISTING CONDITIONS Both the "Kwik Trip" and "Sill's" properties are undeveloped. Some scattered trees exist around the perimeter of the parcels and along the private road. The properties are relatively level, lying slightly below the elevation of T.H. 149, gently sloping to the north toward an existing detention pond west of Stark's restaurant. SURROUNDING USES: The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Dart Transit headquarters; zoned I-1; guided IND South - Vacant; zoned I-1; guided IND East - Commercial and mixed residential; zoned GB, NB, R-1, R-3; guided GB, NB, D -I, D -II West - Industrial (Power Brake Equipment Co.); zoned I-1; guided IND EVALUATION OF REQUEST The City's Zoning Code allows for outdoor storage of trucks as a conditional use when it is on the same property as the principal use (Sec. 11.20, Subd. 16.C.5) or when it is off-site on a separate parcel within 660 feet of the parcel containing the principal use (Sec. 11. 10, Subd. 12.1). This request consists of two separate conditional use permits. One would allow truck parking on the "Kwik Trip" parcel just to the south of the Dart headquarters site. This parking would be an expansion of Dart's parking and would therefore constitute off-site outdoor storage because it will be on a separate parcel. The second would allow truck parking in conjunction with development (proposed office/warehouse building) on the "Sill's" parcel on the south side of Borchert -Ingersoll Road. Compatibility with Surrounding Area - Both parcels have been zoned and guided for industrial development on the City's earliest official maps. The property to the north, west, and south is 3l Planning Report - Dart Transit January 28, 1997 Page 4 also zoned and guided for industrial uses. Outdoor truck parking should not adversely impact surrounding industrial development. The property across T.H. 149 consists of a mix of commercial and residential development. The compatibility of the proposed use with residential, and to a lesser extent, commercial development will largely depend on how area traffic patterns and aesthetic character will be impacted. Site Plan - The conceptual site plan for the "Kwik Trip" parcel shows 313 additional trailer parking spaces. The conceptual site plan for the "Sill's" parcel shows a 96,000 s.f. warehouse building, 110 car parking spaces, and 128 trailer spaces. A portion of the "Sill's" parcel is within an I-1 district that is across the street from residential zoning districts (R-1 and R-3). The zoning code requires a 100 foot landscaped buffer area where an I-1 district is across the street from an R district. As a result, the conceptual site plan for the "Sill's" property will have to be slightly modified to maintain the 100 foot buffer area, or a variance will be required. In addition, the site plan indicates loading docks on the south building facade. However, no building elevation plans have been submitted, so the precise location of loading docks cannot be determined. Loading docks within 300 feet of a Residential zoning district require a separate CUP. A portion of the "Sill's" property is within 300 feet of the "R-1" or "R-3" districts across T.H. 149. Accordingly, any loading docks proposed within 300 feet of these districts will require a CUP. Exhibit A illustrates the portion of the "Sill's" property that falls within the 100 foot buffer area from an "R" district and the 300 foot loading dock setback from an "R" district. Landscaping - The landscape plan submitted is conceptual. A more detailed landscape plan (i.e. identifies plant species) will be required for City (APC and Council) review prior to issuance of any building or parking lot permits. The concept plan indicates that a planted berm, 6 feet high, will be located along the T.H. 149 frontage of the "Kwik Trip" parcel. Landscaping on the berm will consist of 6 foot evergreen trees planted in a staggered row to achieve near solid screening. A 3 foot evergreen hedge is proposed on the portion of the north lot line adjacent to Stark's parking lot. This will help screen the view into the parking area from southbound traffic on T.H. 149. Landscaping along T.H. 149 on the "Sill's" parcel will consist of low shrubs that function primarily as a building foundation planting. Trailer parking will be to the south, behind the building. No landscaping is proposed along the east property line of the "Sill's" parcel. Instead a cyclone (chain link) fence is proposed. The east property line extends to the west, diagonally away from T.H. 149, as it moves south. As such, the south half of the parcel, with the truck parking, is further away from the highway than the north half, which will contain the building. Dart has indicated that they do not want to invest in landscape screening along this property line because they believe the greater distance from the roadway minimizes the visual impact of the truck parking and because this property may eventually be combined with the parcel to the east Planning Report - Dart Transit January 28, 1997 Page 5 and such landscaping would then be established in the middle of the site and would need to be removed. In addition, Dart states that an existing mature grove of trees on the parcel to the east effectively screens the truck parking closest to T.H. 149. Some additional plantings are proposed along the front building foundation (facing north) and between the car parking lot and the private road. These plans appear to meet code requirements for landscape screening, which is only required along the public right-of-way or where differing land uses abut. The only place where these parcels are across from a differing land use is along their T.H. 149 frontage. Because of the shape of the "Sills" parcel, only a portion of it abuts T.H. 149. However, because the adjacent parcel (which abuts T.H. 149) is undeveloped, much of the proposed truck parking on the southern half of the "Sill's" parcel will be visible from T.H. 149, until development occurs. The APC and Council will need to determine whether the proposed cyclone fence screening meets the intent of conditional use standard "C" regarding compatibility of appearance and retaining the character of the area. The proposed 7 foot cyclone fence enclosure also appears to meet the intent of the outdoor storage performance standards (Exhibit B), expect for item (f) which requires that storage items (e.g. trailers) not exceed the height of the enclosure (e.g. 7 foot fence). Staff notes that these performance standards were created in response to issues relative to outdoor storage in commercial areas and are difficult to apply in industrial situations. Staff further notes the Zoning Code stipulates 6 feet as the maximum height for fences. Therefore, a variance would be needed to allow a 7 foot fence. Building Design - Dart has not submitted any building elevation plans, although a note on the site plan indicates the building will be made of tilt -up concrete panels. Building elevations plans must be submitted for City review prior to issuance of any building permits. The building design must meet all applicable zoning code requirements, including architectural design standards as outlined in Sec. 11.10 Subd 30 which requires 75% of the building exterior to be brick, stone, decorative concrete or synthetic stucco. Lighting - The conceptual site plans indicate pole lighting dispersed through out the parking lots, however, no details of the light fixtures have been provided yet. Dart has also stated that the lighting will consist of similar fixtures with similar illumination as used on the Dart headquarters property. Light standard details and photometric plans will be required for City review prior to issuance of any grading or building permits. Signage - Dart has not submitted any signage plans at this time. According to the Sign Code, building signage is allowed on the side of the building facing a public street; in this case, the east side facing T.H. 149. Building signage is limited to 20% of the facade area. One monument sign up to 7 feet tall is also allowed on each parcel. A pylon sign would require a CUP. Dart will be required to submit detailed signage plans for staff review with the building permit application. 3-t? Planning Report - Dart Transit January 28, 1997 Page 6 Gradin e - No grading plan was submitted at this time. A detailed grading plan will be required for City review prior to issuance of any grading or building permits. Wetlands - No wetland information has been submitted with this application. There appears to be several wetland areas within the affected parcels of unknown jurisdictional status. A wetland inventory and field delineation of jurisdictional wetlands within the parcel should be included as a condition of this permit. As with all developments, wetland filling or draining impacts should be avoided. If unavoidable impacts are encountered, mitigation which meets all requirements of the Wetland Conservation Act will be required. A wetland inventory will be required for City review prior to issuance of any grading or building permits. Storm Drainage/Water Quality - The impervious coverage on both sites combined (20 acres) will likely be extremely high (e.g. > 90%). The parcels are located within drainage basin E and will generate runoff that will discharge to Pond EP -1, a designated nutrient trap. Pond EP -1 is connected to Pond EP -2 which is located within the proposed North Park. Because of its inclusion in a proposed park, the classification for Pond EP -2 has been changed from nutrient trap to indirect contact recreation. Since impervious coverage will be high, the overall development area (both parcels) is relatively large, and runoff could affect the quality of a significant downstream recreational water body, therefore, the APRNRC is recommending that on-site ponding be the primary method of meeting water quality mitigation requirements. Site drainage for the south parcel ("Sill's") is proposed to be directed to an area in the southern corner of the site. There is no natural storm water overflow from this area. A storm water basin (Pond EP -4.1) should be constructed in accordance with the City's Storm Water Management Plan in the south portion of the site to accommodate drainage from approximately 28 acres of industrial designated land. This 28 acres includes the "Sill's" parcel and other adjacent parcels to the south. A portion of this pond may be in the existing ponding easement within the adjacent Tranby Addition to the south. A pipe outlet restricting outflow in accordance with the Storm Water Management Plan, should also be constructed from Pond EP -4.1 to Pond EP -4. Pond EP -4 is an existing storm basin located just north of the "Kwik Trip" parcel, west of Stark's restaurant. Pond EP -4 has an outlet that drains to Pond EP -1, a designated nutrient trap. A detailed site drainage plan will be required for City review prior to issuance of any grading or building permits. Utilities - No utility plans were submitted at this time. Sanitary sewer is available for connection along the west edge of the development and water is available for connection along T.H. 149. Detailed utility plans will be required for City review prior to issuance of any grading or building permits. Streets/Access/Circulation - Access to the Dart headquarters property will continue to be taken from Lone Oak Road. Access to both the "Kwik Trip" and "Sill's" parcels will be off the so- called Borchert -Ingersoll Road, a private road providing access to the existing Power Brake 34 Planning Report - Dart Transit January 28, 1997 Page 7 Equipment Company located just to the west. Use of this access onto T.H. 149 by the proposed developments is subject to approval by MnDOT. Preliminary site plans have been sent to MnDOT for their review and comment regarding this access to T.H. 149. At the time of this report, the City had not received MnDOT's comments regarding this proposal. Improvements to T.H. 149 will likely be required as a condition of approval by MnDOT. The existing private roadway should be upgraded from a rural section to an urban section roadway (60 feet ROW) in accordance with City standards. A cul-de-sac, designed to City standards, should be constructed that terminates just east of the spur railroad tracks. Easements/Rights of Way/Permits - The access upgrade within MnDOT right-of-way for T.H. 149 should be reviewed and approved by MnDOT. Because this roadway will service more than one development, the City is requesting that it become a public road. As such, public right-of- way should be dedicated over the roadway (recommended cul-de-sac), equally between the two development parcels (30 feet on each parcel). Driveway access to Power Brake Equipment Co. would be maintained off the cul-de-sac which would become a public street. Tree Preservation - Neither a tree inventory or preservation plan has been submitted with this application. Based on a preliminary staff review of the site, there appears to be some significant vegetation with the proposed development area. A tree inventory and preservation plan will be required for City review prior to issuance of any grading or building permits. Parks and Recreation - No dedication required. Environmental Assessment Worksheet - State statutes define thresholds for development used to determine when an EAW is required. For the City of Eagan, an EAW would be required if a warehouse or light industrial type building of 450,000 s.f. or more were proposed. Development is considered clearly exempt from EAW requirements if building development is less than 75,000 s.f. The proposed building on the "Sill's" parcel could be 96,000 s.f. Because this is less than 450,000 s.f. an EAW is not mandatory. However, because the building could be larger than 75,000 s.f. a discretionary EAW could be requested if the City finds cause to believe the development poses environmental concerns. Indirect Source Permit - An ISP is mandatory if development creates 2000 or more new parking spaces or expands an existing parking lot by 1000 or more spaces. Development is considered exempt from ISP requirements if it creates less than 1000 new parking spaces or expands existing parking capacity by less than 500 spaces. The proposed parking on the "Kwik Trip" parcel would result in an expansion of 313 parking spaces. Proposed development on the "Sills" parcel would create 110 car spaces and 128 trailer spaces for a total of 238 parking spaces. Accordingly, an ISP is not required. 3 S Planning Report - Dart Transit January 28, 1997 Page 8 SUMMARY/CONCLUSION The proposed outdoor storage of trucks appears to be compatible with surrounding industrial and commercial development. Impacts on residential development to the east across T.H. 149 will depend largely on the appearance and upkeep of the property and the amount of additional truck traffic the uses generate. While some general information on screening and lighting has been provided, little detailed information is available at this time. Dart's intent at this time is to get assurance from the City that the proposed truck storage will be permitted on these parcels. Such assurance will help them assess their long-range development plans. At this time they have not prepared detailed development plans and thus did not submit such information. They don't anticipate any development for about a year. Staff appreciates Dart's efforts to plan ahead for their future in Eagan. However, because the City does not have a concept approval process, we normally require detailed plans with all development proposals. Without detailed plans, it is difficult to determine the compatibility of conditional uses in a specific location and how their impacts might be mitigated. As such, staff recommends that the site development details for these parcels be subject to City (APC and Council) review to ensure that the impacts of the proposed development on surrounding properties are adequately mitigated. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, west of T.H. 149, south of Stark's restaurant, east of the Chicago, Milwaukee, St. Paul and Pacific Railroad, in the east half of Section 12, subject to the following conditions: This CUP relates to outdoor storage per site plan received by the City on 1/14/97 and does not preclude any additional CUPS or variances that may be required based on more detailed development plans presented in the future. 2. The developer shall submit the following detailed plans for City review (APC and City Council) prior to issuance of any grading or building permits: a) Detailed landscape plan b) Detailed lighting plan, including fixture details and photometrics c) Detailed grading and stormwater drainage plan d) Wetland inventory that identifies, delineates, and determines the jurisdictional status of any wetlands with the parcel. e) Detailed utility plans f) Detailed tree inventory and preservation plan 3(,40 Planning Report - Dart Transit January 28, 1997 Page 9 3. The developer shall submit a detailed signage plan, in conformance with Sec. 4.20 of the City Code, for staff review in conjunction with a grading permit application. 4. Runoff from impervious surfaces within the site shall be treated with on-site ponding prior to discharge off the site. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 5. Any wetland fill or drain impacts that require mitigation shall be approved by the City prior to issuance of a grading permit. 6. The existing private roadway between the "Kwik Trip" and "Sill's" parcels should be upgraded to an urban section roadway and a cul-de-sac, designed to City standards should be constructed as the terminus of this roadway, just east of the spur railroad tracks. Thirty (30) feet of public right-of-way should be dedicated for this roadway. 7. The property shall be platted prior to issuance of a building permit. B. To recommend approval or denial of a Conditional Use Permit to allow outdoor storage of trucks on the "Sill's" parcel, west of T.H. 149, south of Stark's restaurant, east of the Chicago, Milwaukee, St. Paul and Pacific Railroad, in the east half of Section 12, subject to the following conditions: 1. This CUP relates to outdoor storage per site plan received by the City on 1/14/97 and does not preclude any additional CUPs or variances that may be required based on more detailed development plans presented in the future. 2. The developer shall submit the following detailed plans for City review (APC and City Council) prior to issuance of any grading or building permits: a) Detailed landscape plan b) Detailed building design plan c) Detailed lighting plan, including fixture details and photometrics d) Detailed grading and stormwater drainage plan e) Wetland inventory that identifies, delineates, and determines the jurisdictional status of any wetlands with the parcel. f) Detailed utility plans g) Detailed tree inventory and preservation plan The developer shall submit a detailed signage plan, in conformance with Sec. 4.20 of the City Code, for staff review in conjunction with a building permit 31 Planning Report - Dart Transit January 28, 1997 Page 10 application. 4. No loading docks shall be located closer than 300 feet from a Residential zoning district without a CUP. S. The site plan shall be revised to incorporate the required 100 foot buffer from the "R" districts across T.H. 149 or a variance must be obtained. 6. Runoff from impervious surfaces within the site shall be treated with on-site ponding prior to discharge off the site. The ponding configuration must be approved by the City's water resource coordinator prior to issuance of a grading permit. 7. Any wetland fill or drain impacts that require mitigation shall be approved by the City prior to issuance of a grading or building permit. 8. A storm water basin (Pond EP -4.1) should be constructed in the south portion of this parcel to accommodate drainage from approximately 28 acres of industrial designated land, in accordance with the City's Storm Water Management Plan. 9. A pipe outlet restricting outflow in accordance with the Storm Water Management Plan should also be constructed from Pond EP -4.1 to Pond EP -4 . 10. The existing private roadway between the "Kwik Trip" and "Sill's" parcels should be upgraded to an urban section roadway and a cul-de-sac, designed to City standards should be constructed as the terminus of this roadway, just east of the spur railroad tracks. Thirty (30) feet of public right-of-way should be dedicated for this roadway. 11. Outdoor storage cannot occur on this parcel until after the office/warehouse building has been constructed and the Certification of Occupancy issued. 12. The property shall be platted prior to issuance of a building permit. 3$ FINANCIAL OBLIGATION -12 -CU -1-1-97, 10-01200-010-27 & 10-01200-010-29 There are pay-off balances of special assessments totaling $0 on the parcels for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses for which the conditional use is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility system. Improvement Use Rate Quantity Amount None 31 Ro 41kcDart Transit °��°g°° Case No. 12-CU-28-12-96 12-CU-1-1-97 Comprehensive Plan Map Guide Plan Designation IND Limited Industrial N 500 0 500 1000 Feet _ city of Eagan Community Development Department Dart Transit o{Eagao Case No. 12 -CU -28-12-96 12 -CU -1-1-97 Zoning Map Current Zoning 1-1 Limited Industrial N L�)— 500 0 500 1000 FeetCity of Eagan Community Development Department OF ♦ . ass o / i 4r ;71* ---------- —OWN 56 I%b e4M InVo.g4t, 4v 4NO PAUM04Mh -Vml"na TV4— PZ PEI, jfI PZ t7l 119,CT OISTRCT zr MdW 4L'* bk*D-" 0=93MGM joL cft EXHIBIT A 416 X r i t § 11.10 B. Conditional IIae Permit Application. All applications for a conditional use permit for outdoor storage shall i include a detailed and scaled site plan specifying the dimensions, location, material and design of the storage enclosure and area. C. Performance Standards and Non -Compliance. I. Standards. Outdoor storage permitted in accordance with Subparagraph A shall standardsconform to the following , in addition to those standards set forth in Subdivision 4 of Section 11.40: within an enclosure. (a) Outdoor storage items shall be placed All to the principal building except enclosures the rLim ted Industrial District. material suitable to the building and thesure itemsshall to be storedmada of any established front buil dings setbackareashall or not otherrencroach into setbacks. required with an (e) The enclosure shall not interfere y pedestrian or vehicular movement. (f) The items to be stored shall not exceed the height of the enclosure. (g) The display area shall not take up required parking spaces or landscaping areas. i (h) The display area shall be surfaced with concrete or an approved albe equivalent to control dust and erosion. The surface deterioration. Properly maintained to prevent The areas shall be included inithe calculation re oofgre airede of or display parking for the principal use of theproperty.quired off-street 2. Non -Compliance. Failure to comply with any condition set forth in a conditional use permit, or any other violation of City Code provisions, shall constitute sufficient cause for the termination of the conditional use permit by the Council following a public hearing. Source: Ordinance No. 172, 2nd Series Effective Date: 11-12-93 (Sections 11.11 through 11.19, inclusive, reserved for future expansion.) tt 28 (7-1-94) 1, T EXHIBIT 612 432 3780 SENT BY: 1-31-97 : 9:17AM : SEVERSON SHELDON 681 4694:# 3/15 Page 2 January 28, 1997 ADVISOItY PLANNING COMMISSION PUBLIC HEARINGS CONDITIONAL USE PERMITS - DART TRANSIT Commission Chair Heyl opened the first public hearing of the evening regarding Conditional Use Permits to allow for the outdoor storage of trucks on two separate Properties located west of Highway 149 and south of Highway 55 in the NW'/a of Section 12, Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staff s planning report dated January 23, 1997, Ms. Farnham noted the background and history, the existing conditions and the surrounding uses of the subject property. Ms. Farnham recommended that an additional condition be added to both of the conditional use permit requests which would make approval of the conditional use permits contingent upon the Minnesota Department of Transportation's approval of access from the subject property to Highway 149 before the issuance of any grading permit with respect to the Kwik Trip parcel and before the issuance of any building permit with respect to the Sills parcel. The applicant's representative, Jack Hoeschler, stated that Dart Transit opposes the condition requiring the private road between the two parcels be dedicated and improved as a public street for the following reasons: (1) that a public street would permit and create additional truck traffic Froin the west onto Highway 149; (2) that Dart Transit intends to buy back the easement rights from Power Brake Company because it no longer needs the easement access because it currently has and uses access onto Mike Collins Drive, (3) Dart Transit wishes to remove the private road in order to provide better internal cohesiveness between the two parcels and Dart's operation thereon. In response to Member Carlson's question, .Planner Farnham advised the Commission that the City is proposing that the private roadway not be a public through street, but a public cul-de-sac with an inlet on the west end for the westerly adjacent property to the subject sites for access to Highway 149. Design Engineer John Gorder added that the City is proposing the private easement become a public cul-de-sac to protect Power Brakes and the other adjacent uses' right to access to Highway 149. A resident of 510 Rolling Hills Circle opposed the conditional use permit request because it is based only on conceptual plans without any certainty as to what will occur or exist in the future. The resident added that the applicant is requesting that Highway 149 be used as a buffer is not practical and suggests that Dart install a berm and landscaping to screen both the site of and the noise from the site. The resident f other added that without an upgrade to Highway 149, the proposed conditional use will only add additional truck traffic to the already heavy traffic on Highway 149. The resident 612 432 3780 SENT BY: 1-31-97 : 9:18AM : SEVERSON SHELDON 681 4694:# 4115 Page 3 January 28, 1997 A1)VIS0I2,Y PLANNING CC MMISSTON further stated that a indirect source permit should be required because the proposed parking expansion on each site combined totals more than 500 spaces. A resident of 585 Chapel Lane opposed the issuance of a conditional use permit for the proposed use because Highway 149 currently cannot handle the existing traffic, plus the additional truck traffic which would be generated from the site. The resident further questioned how the Commission can decide the issue when the City's truck study has not been completed. Commission Chair Heyl closed the public hearing and brought the item back to the Commission for discussion. In response to Commission Chair Heyl's question, Design Engineer Gorder advised that a traffic light at the intersection of Highway 149 and Chapel Lane is not scheduled or a part of any capital improvements. Mr. Gorder further stated that any upgrade or expansion of Highway 149 is an issue to be determined by the corridor study jointly undertaken by several state and local agencies and the results of the study are not scheduled for release until the summer of 1997. Member Miller stated that he cannot support the request for a conditional use permit based on the applicant's submission of mere conceptual plans and in the absence of the truck study and corridor study results. member Miller further stated that the landscape plan submitted by the applicant is incomplete and thus it cannot be determined whether the use will be compatible with the neighboring residential uses. Members Frank and Carlson concurred with Member Miller. Member Miller moved, Member Frank seconded, a motion to recommend denial of the Conditional Use Permit to allow off-site outdoor storage of trucks on the "Kwik Trip" parcel, west of T.H. 149, south of Stark's restaurant, east of the Chicago, Milwaukee, St. Paul and Pacific Railroad, in the east half of Section 12. All approved in favor. Member Miller moved, Member Frank seconded, a motion to recommend denial of the Conditional Use Permit to allow outdoor storage of trucks on the "Sill's" parcel, west of T.H. 149, south of Stark's restaurant, east of the Chicago, Milwaukee, St. Paul and Pacific Railroad, in the east half of Section 12. All approved in favor. M41 612 432 3780 SENT BY: 1-31-97 : 9;19AM : SEVERSON SHELDON 681 4694:# 5/15 Page 4 January 28, 1997 ADVISORY PLANMNCT COMMISSION &j r �Liilny U Commission Chair Heyl noted the reasons for denying the request for the conditional use permits is in the grounds that approval of a conditional use permit because: (1) it would be premature when it is based merely on conceptual plans which do not establish how the applicant will protect the neighboring residential uses; (2) that the City lacks the results of its truck study and the Highway 149 corridor study; and (3) the traffic and landscape/screening issues are not answered with detailed plans. Agenda Information Memo February 4, 1997 Eagan City Council Meeting B. CONDITIONAL USE PERMIT - AMOCO ACTION TO BE CONSIDERED: To recommend approval or denial of a Conditional Use permit to allow motor fuel sales on Lots 14 and 15, Block 5, Eagandale Center Industrial Park No. 3, subject to the conditions recommended by the Advisory Planning Commission. FACTS: ► Eagandale Center Industrial Park No. 3 was platted in the late 1960s. Lots 14 and 15 have remained undeveloped. Because the proposed development will be over the lot line between Lots 14 and 15, the lots should be combined or re -platted to create one lot prior to issuance of a building permit. ► The proposed motor fuel sales facility will provide service to area trucking and delivery operators who have assigned credit accounts. The facility will not sell fuel to the general public and no cash transactions will occur on-site. ► The proposed facility will only occupy the easterly 300 feet of the site. The facility will consist of three pump islands and a kiosk for payment transaction, both located under a canopy. The facility will not have regular on-site staff, however, maintenance staff will inspect the site daily. ► At their regular meeting on January 28, 1997 the Advisory Planning Commission recommended approval of the requested Conditional Use Permit subject to the conditions in the staff report with modification to condition # 12 to require Lots 14 and 15 to be combined (vs. re -platted) prior to building permit, and addition of another condition to require re -platting or subdivision of the property within one year. ISSUES: The APC requested that the applicant provide information to the City Council on anticipated volume of truck use of the facility. BACKGROUND/ATTACHMENTS: Staff report, pages Ift through" !-� / January 28, 1997 APC minutes, pages _ through (.o� Letter from Michael Stephens of First Industrial, page/ 4&4) �II�..gh, PLANNING REPORT CITY OF EAGAN REPORT DATE: January 23, 1997 APPLICANT: Amoco PROPERTY OWNER: James Kovach CASE: 11 -CU -27-12-96 HEARING DATE: January 28,1997 PREPARED BY: Julie Farnham REQUEST: Conditional Use Permit to allow motor fuel sales LOCATION: 3079 Neil Armstrong Boulevard (Lots 14 and 15, Block 5 Eagandale Center Industrial Park No. 3) located at the northwest quadrant of the intersection of Neil Armstrong Blvd. and Apollo Road. COMPREHENSIVE PLAN: IND - Industrial ZONING: I-1 Light Industrial SUMMARY OF REQUEST Amoco is requesting a Conditional Use Permit to allow motor fuel sales in the I-1 zoning district on Lots 14 and 15, Block 5, Eagandale Center Industrial Park No. 3 located at the northwest quadrant of the intersection of Neil Armstrong Blvd. and Apollo Road in the NW 1/4 of Section 11. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subd. 4, C states: The Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, SI Planning Report - Amoco January 28, 1997 Page 2 police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. City Code Chapter 11, Section 11.40, Subd. 4, D states: Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. City Code Chapter 11, Section 11.40, Subd. 4, E states: Denial for Noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders such denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this Section. City Code Chapter 11, Section 11. 10, Subd. 21, Motor Fuel Station Design, states: Motor fuel stations shall be subject to the following standards: A. The minimum required building setback shall relate to any canopy, weather protection, pump island or building. B. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require an approved open sales lot. C. A minimum twenty (20) feet landscaped yard shall be provided along all abutting public rights-of-way lines, except where approved driveways occur. Planning Report - Amoco January 28, 1997 Page 3 D. No goods offered for sale on a motor fuel station site shall be stored, sold or displayed outside a building unless permitted otherwise pursuant to Subd. 29 of this Section. E. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. F. The outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light being directly visible from the public right-of- way or abutting lots. G. Wherever a motor fuel station abuts an "R" District, a solid six (6) foot high screen (not less) shall be erected and maintained along the side and rear property line that abuts the "R" District. H. Access or egress curb cuts to a motor fuel station shall not be less than fifty (50) feet from the curb line intersection on secondary thoroughfares and eighty (80) feet on major thoroughfares. BACKGROUND/HISTORY Eagandale Center Industrial Park No. 3 was platted in the late 1960s. Lots 14 and 15 have remained undeveloped. EXISTING CONDITIONS The property is undeveloped and fronts on Neil Armstrong Boulevard. Surrounding land is developed or guided for industrial uses. The site consists of two lots that will need to be combined prior to construction. The site has some sloping topography and a wetland exists on the southern edge of Lot 15. There are some wooded areas, but most are located on the western portion of the site. Only the easterly 300 feet of the lots will be developed at this time. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Industrial office/warehouse; zoned I-1; guided IND South - Vacant; zoned I-1; guided IND East - Industrial office/warehouse; zoned I-1; guided IND West - Residential farmstead; zoned Agricultural; guided IND 5"3 Planning Report - Amoco January 28, 1997 Page 4 EVALUATION OF REQUEST Proposed Use - The proposed motor fuel sales facility is designed to meet the needs of the trucking and delivery operators currently located in this industrial park. It will not function like a service station catering to the general public. Customers must have assigned credit cards or accounts; no cash transactions will occur on site. There will not be any personnel on-site. The general public will not be able to use this facility and it will not include a store selling food and other items. Compatibility with Surrounding Area - The surrounding area consists of industrial development or vacant land designated for industrial use. The proposed use will provide a service marketed specifically to surrounding industrial uses and appears compatible with the area. Site Plan - The site plan submitted indicates that development will be confined to the easterly 300 feet of the property (Lots 14 and 15). The facility will include three pump islands, a small (approx. 140 s.£) kiosk building for payment transactions, and an overall paved area of about 21,000 s.f. to accommodate truck manoeuvering and staging. A canopy will cover the fuel pump islands and kiosk. The canopy will be 16'-6" tall and will be black with red and blue striping. There will also be a trash enclosure located at the south edge of the pavement. Three 10,000 gallon underground fuel tanks are proposed. The City's Fire Marshal reviewed the plans and indicated that the tanks appear to be properly located, but will be subject to review by the State Fire Marshal. The proposed facility meets the standards specified for motor fuel station design per Section 11. 10, Subd. 21 of the Zoning Code as outlined under the Authority for Review section above. Landscaping - The landscape plan is acceptable. The plan includes a shrub hedge along the Neil Armstrong Blvd. frontage to provide screening. In addition, a row of trees is proposed to be planted in the side yard along the north property line. Signage - Signage will consist of directional and operational information signs and a monument sign. The monument sign will be located near the driveway entry in the northeast comer of the site. The proposed sign will be 7 feet tall and 13 feet long. The sign area will be 4' x 13' (52 s.f.) on a 3 foot tall metal base. The applicant notes that this facility is not intended to'attract passersby, but will only be used by those with pre -approved credit accounts. As such, only minimal signage is needed. Lighting - The proposed lighting plan is acceptable. Lighting on the site will be limited to the canopy area and will not filter onto adjacent properties. Grading/ Wetlands - The grading plan submitted is unacceptable. It does not show complete grading impacts surrounding the development. Detailed grading plans showing impacts of all Planning Report - Amoco January 28, 1997 Page 5 grading should be submitted for staff review at the time of building permit application. There is a .25 acre Type 3 wetland located along the south border of the site. No draining or filling of wetlands is allowed. Storm Drainage/Water Quality - With minor modifications, the preliminary storm drainage plan is acceptable. The developer is proposing to drain storm water runoff to a storm water basin in the southeast corner of the site which eventually drains to an existing wetland along the south border of the site. The wetland does not yet have an outlet, however, the developer is proposing to construct an outlet pipe from this wetland to the existing storm sewer within Neil Armstrong Boulevard. Construction of this outlet pipe is consistent with the City's storm water comprehensive plan. Discharge from this wetland will eventually reach Pond EP -2, located within the proposed North Park. Because of it's inclusion in a proposed park, the classification of Pond EP -2 has been changed from nutrient trap to indirect contact recreation. Staff is recommending that storm water run-off from the site be pre-treated via ponding. The developer should construct a pre-treatment pond with a wet volume of at least .05 acre-feet. An additional .12 acre-feet will need to be excavated from the wetland at the pre -sedimentation pond discharge point according to a plan approved by the City's water resources coordinator. Outlet skimmer structures should be constructed, in accordance with City Engineering standards, on the outlet pipes for both the proposed pond and the existing wetland. Utilities - Sanitary sewer and water main within Neil Armstrong Boulevard are available for connection by the proposed development but are not needed by the type of development proposed and will not be utilized at this time. Access/Street Design - The developer is proposing a single street access onto Neil Armstrong Boulevard approximately 200 feet north of Apollo Road. Easements/Rights of Way/Permits - The developer should dedicate drainage and ponding easements over the wetland adequate to incorporate the calculated high water level plus three feet. The developer should also dedicate an adequate drainage and utility easement over the outlet pipe from the wetland. Tree Preservation - With a few modifications, the tree inventory and preservation plan submitted is acceptable. The plan indicates 44 significant trees existing on lots 14 and 15. Species include oak, elm, ash, maple, willow, ironwood, boxelder, cottonwood and cherry. Tree diameters range from 6 to 30 inches. Proposed grading for this development will result in removal of 9 significant trees (20.5% of the total). Allowable removal for this type of development is 30%. The tree preservation plan submitted includes some inaccuracies; some trees identified as significant actually, are not. As such, staff requests that a revised tree inventory and preservation plan be submitted with an application for a grading permit. 5_S Planning Report - Amoco January 28, 1997 Page 6 Parks and Recreation - The APRNRC is recommending a cash dedication for parks and trails is required with the building permit. SUMMARY/CONCLUSION The proposed motor fuel sales facility appears to be compatible with the surrounding industrial area. The proposed use will provide service to area trucking and delivery operators who have assigned credit accounts. The facility will not sell fuel to the general public and no cash transactions will occur on site. The facility will consist of three pump islands and a kiosk for payment transactions, both located under a canopy. On-site ponding should be provided to pre- treat stormwater runoff and the developer should provide a revised tree inventory. ACTION TO BE CONSIDERED To recommend approval or denial of a Conditional Use Permit to allow motor fuel sales on Lots 14 and 15, Block 5, Eagandale Center Industrial Park No. 3, subject to the following conditions: 1. The proposed underground fuel storage tanks shall be subject to review by the State Fire Marshal. 2. Detailed grading plans showing impacts of all grading shall be submitted at the time of building permit application. 3. An upland pre-treatment pond with a minimum wet volume of .05 acre-feet should be constructed to treat storm water runoff from the site prior to discharge to the wetland. 4. An additional .12 acre-feet shall be excavated from the wetland according to a plan approved by the City's water resources coordinator. 5. Outlet skimmer structures, designed in accordance with City standards, should be constructed on the outlet pipes for both the proposed pond and the existing wetland. 6. The developer shall dedicate drainage and ponding easements over the wetland adequate to incorporate the calculated high water level plus three feet. 7. The developer shall dedicate an adequate drainage and utility easement over the outlet pipe from the wetland. 8. No filling or draining of the jurisdictional wetland located partially within the site is allowed. 9. A revised Tree Inventory and Preservation Plan will be required for staff review at the 5G Planning Report - Amoco January 28, 1997 Page 7 time of grading permit application. 10 The developer shall preserve the riparian vegetation around the wetland partially located on Lot 15. 11. Cash dedication for parks and trails is required prior to issuance of a building permit. 12. Lots 14 and 15 Eagandale Center Industrial Park No. 3 shall be re -platted into one lot. 13. A sign permit is required for the proposed monument sign in accordance with Sec. 4.20 of the City Code. 57 FINANCIAL OBLIGATION -11 -CU -27-12-96, 10-22502-140-05 & 10-22502-150-05 There are pay-off balances of special assessments totaling $4,062 on the parcels proposed for which the conditional use is requested. At this time, there are no pending assessments on the parcel for which the conditional use permit is requested. The estimated financial obligation presented is subject to change based upon areas, dimensions and land uses for which the conditional use is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and the availability of the City's utility system. Improvement Use Rate Quantity Amount None $0 Amoco *akw of Eagan Case No. 11 -CU -27-12-96 Comprehensive Plan Map N 500 0 500 1000 Feet Guide Plan Designation IND Limited Industrial !S City of Eagan Community Development Department *cw of Eagan N wo 0 500 Feet ME Amoco Case No. 11 -CU -27-12-96 Zoning Map E3 n rAWAWAFAWA 1 Film 1 r131 0 M� 1-1 1-1 , 64 Current Zoning I-1 Limited Industrial Site li ■ city of Eagan Community Development Department ki, as 6 Z H i Ix "Al a t C 36 63- 1z. ki, NOIS30"'A'')iZ,L-I'�.,N'Vd,V4,0,D-310 Qi"nWvl 0Nn3ni idOcJSNV6i qj mill 51 I \Od{N>dij \< 0 N IS30 >I &NVI:JVIOO TO 030INVI QN11/\d1 . I , �I§\� \� /��§ | ; \��ƒ{(�!� lit JIM1-4 ib �.� |,\ ji. - : �� \ : \ '� ! . I I It :;ikit 1" 1 1 11Pp OF 03 .11 19 13 1 GUYAMOS ONOHISWW 113N S 00 n W tb N a OD L I 1 Z � I W m H J i Q 0 = Q tL Q Q 0 pl - " • c 1 M „90,67.,00 S 0 o ^ W O 3 0 z W 00 ' R _z W z OI o W Q m U N U R W ~o N V1 VI V1 0 N N N N N 1A N yl 0 w z z z z z z z z z z'A 0 0 0 0 0 0 0 0 0 oz GUYAMOS ONOHISWW 113N S 00 n W tb N a OD L I 1 Z � I W m H J i Q 0 = Q tL Q Q 0 pl - " • c 1 M „90,67.,00 S to 9fv -4 cn rr_nn N 00 001 3 90,62,00 N CDU 0 N O� .' 0i V co N � Y L e O+ ' � C �a 0 co 0 z e� •�y 7.y OM 2a W c¢ J:) W CO LL a 1» i � i. � I j �e `^' o �! oto ri� �lr--• _ -Ro g a(L! - CL O i to 9fv -4 cn rr_nn N 00 001 3 90,62,00 N CDU 0 N O� .' 0i V co N � Y L e O+ ' � C �a 0 co 0 z e� •�y 7.y OM 2a W c¢ J:) W CO LL a �V(� R-95% 6129202083 01-23-97 11:48AM P002 #40 Z LE, 13'--O° 23 IL x z 0 S' �m L41 METAL SIGN MOUSING Amoco INTERNALLY UT' SIGN • � WHITE BANGROUND DA ` � CS FLEET EXPRESS _ •m METAL SIGN BASE P3 2 Oa Li MONUMENT SIGN ELEVATION —' LaOil -i' z -� W •� N ia.. Z Z_ ce 0 I (A ZL I V) as fV O d o0 o ' z �V(� R-95% 6129202083 01-23-97 11:48AM P002 #40 612 432 3780 SENT BY: 1-31-97 ; 9:22AM ; SEVERSON SHELDON 681 4694.#12/15 Page 11 January 28, 1997 ADVISORY MANNINO C;ONIMISSTON CONDTnONAL USE PERMIT -AMOCO Commission Chair Heyl opened the next public hearing of the evening regarding a Conditional Use Permit to allow motor fuel sales on Lots 14 and 15, Block 5, Eagandale Industrial Park No. 3 located on Neil Armstrong Boulevard, south of Lone Oak Road in the NW L/. of Section i 1. Planner Farnham introduced these items. Ms. Farnham highlighted the information presented in the City staffs planning report dated January 23, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property. The applicant's private planning and architectural landscape consultant spoke on behalf of the applicant. He advised the Commission that the proposed motor fuel sales would not be for servicing the general public, but for the local trucking industry. He stated that the marketing focus will be on the motor fuel services for the trucking industry. The representative requested that Condition No. 12 be revised to allow the applicant a one-year period to either combine Lots 14 and 15 or plat it as individual lots. The representative further gave the Commission an overview of the site plan proposed and noted that while the site will not have on-site personnel, it will be monitored electronically and by a maintenance person on the site regularly. Member Frank stated that the proposed use is a "great idea" and will reduce the need for individual motor fuel provisions on individual parcels. In response to Member Frank's inquiry, the applicant's representative stated that the proposed use will not increase the truck traffic in the area because it is merely serving the truck traffic already in that area. In response to Member Carlson's inquiry, the applicant's representative stated that it would be acceptable to add additional planning to the proposed monument sign. In response to Commission Members question regarding the anticipated volume of business as the site, James Kovach, another representative of the applicant, stated that the service goal of the business is the sale of 1,000,000 gallons per day which extrapolates down to approximately 30 to 40 trucks being served per day which is calculated by Member Bakken, to less than ten trucks per hour. The applicant's representative further stated that the majority of fueling at the site will be between the hours of 6:00 a.m. and 8:00 a.m. and 5:00 p -m_ and 7:00 p.m. Commission Chair Hey] closed the public hearing and brought the item back to the Commission for discussion. Member Miller moved, Member Frank seconded, a motion to recommend approval of a Conditional Use Permit to allow motor fuel sales on Lots 14 and 15, Block 5, 612 432 3780 SENT BY: 1-31-97 ; 9:22AM ; SEVERSON SHELDON- 681 4694;#13/15 Pagc 12 January 28, 1907 ADVISORY PLANNING/ CONMSSION Eagandale Industrial Park No. 3 located on Neil Armstrong Boulevard, south of Lone Oak Road in the NW'/. of Section 11, subject to the following conditions: 1 _ The proposed underground fuel storage tanks shall be subject to review by the State Fire Marshal. 2_ Detailed grading plans showing impacts of all grading shall be submitted at the timc of building permit application. 3. An upland pre-treatment pond with a minimum wet volume of .05 acre-feet should be constructed to treat storm water runoff from the site prior to discharge to the wetland. 4. An additional .12 acre-feet shall be excavated from the wetland according to a plan approved by the City's water resources coordinator. 5_ Outlet skimmer structures, designed in accordance with City standards, should be constructed on the outlet pipes for both the proposed pond and the existing wetland. 6. The developer shall dedicate drainage and ponding easements over the wetland adequate to incorporate the calculated high water level plus three feet. 7. The developer shall dedicate an adequate drainage and utility easement over the outlet pipe from the wetland. R. No filling or draining of the jurisdictional wetland located partially within the site is allowed. 9. A revised Tree Inventory and Preservation Plan will be required for staff review at the time of grading permit application. 10 The developer shall preserve the riparian vegetation around the wetland partially located on Lot IS - 11. Cash dedication for parks and trails is required prior to issuance of a building pennit. 12. Lots 14 and 15 Eagandale Center Industrial Park No. 3 shall be re -platted into one lot or subdivided within one year of Council approval. 13. A sign permit is required for the proposed monument sign in accordance with Sec. 4.20 of the City Code. All approved in favor. O1 28.97 17:10 FAX 612 933 877.3 FIRST XPLS 002 003 EFIRST � INDUSTRIAL January 28, 1997 Ms. Julie Farnham Project Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 RE: Case #11 -CU -27-12-96 Amoco - Transport Fueling Dear Ms. Farnham: I am writing to express our concerns with the proposed development next to our properties. First Industrial Realty Trust, Inc. is the owner of Lone Oak Business Center I (1030 Lone Oak Road), Lone Oak Business Center II (1060 Lone Oak Road), Armstrong Business Center I (990 Lone Oak Road), and Armstrong Business Center II (980 Lone Oak Road) directly North and East of the subject site. Our primary concerns are with the potential noise level, obnoxious odors (air quality) and environmental issues (contamination) that will come from this site based upon its proposed use. It is for these reasons that we object to the proposed land use. The occupants in the buildings are typically light manufacturing entities. They have office area in the front portion of the building and warehouse space in the back. The Subject Site posses a nuisance to not only existing tenants but potential tenants. The marketability of the buildings could be impacted. We also feel the Subject Site is inconsistent with the adjoining land use. Please reconsider and re-evaluate the use and need for such a facility. Thank you for your consideration. If I can be of further assistance, feel free to contact me at 943-7493. Sincerely, FIRST INDUSTRIAL REALTY TRUST, INC. N 4'A W Michael R. Stephens, CPM Asset Manager ch First Industrial Realty Trust, Inc - 7615 Golden Triangle Drive • Suue N - Eden Prairie . Minnesota 55344 . Tel: (612) 943-2700 - Fa:: (612) 943-8778 Agenda Information Memo February 4, 1997 Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT - RYAN COMPANIES ACTION TO BE CONSIDERED: To recommend approval or denial of a Planned Development Amendment to allow construction of an outdoor play area in conjunction with a day care on Lot 2, Block 1, Cliff Lake Centre, located in the SW 1/4 of Section 29. FACTS: ► The Eagan Hills West Planned Development, approved in 1979, includes Cliff Lake Centre. The PD Agreement stipulates that permitted commercial uses include those listed as permitted or conditional in the LB, RB, or CSC zoning districts. ► The proposed play area is part of a Montessori day care that is planning to locate in Cliff Lake Centre. While the day care is permitted in the PD, the outdoor play area was not specifically permitted under the PD Agreement nor does it appear on the approved site plan. As such, a PD amendment is required to allow the play area. ► The proposed play area will consist of a 1,700 s.f. area located behind the day care, in an open grassed area between the building and the service drive that runs along the rear of the shopping center. The play area will include play equipment set on a sand base. ► The play area will be completely enclosed by a 6 foot chain link fence and supervised by Montessori staff. ► At their regular meeting on January 28, 1997, the Advisory Planning Commission recommended approval of the requested Planned Development Amendment subject to the two conditions in the staff report. ISSUES: The APC raised questions about how much truck/delivery traffic would use the service drive and how it might affect safety and environmental quality (e.g. noise, fumes) in an area proposed for use by children. The APC requested that the applicant provide information to the City Council on typical delivery and service schedules and the hours of operation of the day care, in particular, when outdoor play time is usually scheduled. This information should help clarify if children will be using the play area during times when delivery or service vehicle activity is high. BACKGROUND/ATTACHMENTS: Staff report, pages �7X through ay January 28, 1997 APC minutes, page Po Letter from David and Cynthia Woodward, +reugh -- pages -�-t through PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 1997 APPLICANT: Ryan Companies CASE #: 29-RZ-1-2-97 HEARING DATE: January 28, 1997 PROPERTY OWNER: RHC Associates PREPARED BY: Julie Farnham Joint Venture I REQUEST: Planned Development Amendment LOCATION: 1960 Cliff Lake Road (Cliff Lake Centre) COMPREHENSIVE PLAN: CPD - Commercial Planned Development ZONING: PD - Planned Development SUMMARY OF REQUEST The applicant is requesting a Planned Development Amendment to allow construction of an outdoor play area in conjunction with a day care on Lot 2, Block 1, Cliff Lake Centre, located in the SW 114 of Section 29. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.20 Subd. 8, Planned Development District, states: "In considering any petition for such district, the Planning Commission and the Council in the interests of carrying out the intent and purpose of this Subdivision, shall determine whether or not such planned development will: (1) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; (2) be feasible for the owner and developer economically to complete according to proposed plans; (3) benefit the community at large to a greater degree than would development of the underlying zoning district." BACKGROUND/HISTORY The Eagan Hills West Planned Development was approved in April 1979. It consists of a mix of commercial and residential development. The commercial portion consists of Cliff Lake Planning Report - Ryan/Montessori January 28, 1997 Page 2 Centre. The PD Agreement stipulates that permitted commercial uses include those listed as permitted or conditional in the LB, RB and CSC zoning district. The proposed play area is part of a Montessori center (daycare) that is planning to locate in Cliff Lake Centre, Suite 104. The outdoor play area is not a specified permitted accessory use, nor does it appear on the approved site plan. As such, an amendment is required to include the play area as a permitted use in this planned development. EXISTING CONDITIONS Cliff Lake Center includes a variety of commercial and retail businesses anchored by Cub Foods and Target. In between these anchors are two strip segments. A service drive extends along the east side (rear) of the shopping center. The Montessori day care is planning to locate in the northern portion of the shopping center, a few storefronts from Cub Foods. It will occupy the tenant space previously held by Romp and Roll an indoor play area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - Cliff Lake Center; zoned PD; guided CPD South - Cliff Lake Center; zoned PD; guided CPD East - Townhomes; zoned PD; guided CPD West - Cliff Lake Center/parking; zoned PD; guided CPD EVALUATION OF REQUEST Proposed Use - The proposed PD Amendment would allow a fenced outdoor play area in association with a Montessori day care that is planned to open in Cliff Lake Center. The 1,700 s.f. play area is proposed to be located behind the day care (east side) in an open grassed area between the shopping center and the service drive. A service walk along the back of the shopping center extends between the strip center and the play area. Compatibility with Surrounding Area - The play area should not have any negative impact on other shopping center tenants or customers. The play area will be completely fenced in and supervised by day care staff. The open area where the play area is proposed is separated by a curb from the service drive. As such, the play area should not pose any safety concerns. The applicant should provide information regarding regular hours of operation and the time(s) during the day when the play area will get most use. Setbacks - The play area location exceeds all required setbacks. Bililding Materials - The play area will consist of play equipment set on a sand base. A six foot -7 3 Planning Report - RywvMontessori January 28, 1997 Page 3 tall chain link fence will surround the play area. A gate in the fence will face the back door of the day care within the strip center. SUMMARY/CONCLUSION A Planned Development Amendment is required to allow an outdoor play area in Cliff Lake Center since it was not specifically permitted in the PD Agreement and was not part of the original site plan approved with the Eagan Hills West PD or the Cliff Lake Centre commercial development. The 1,700 s.f. play area is proposed in conjunction with a Montessori day care center planned to open in Cliff Lake Center, Suite 104. The play area will be located on the rear side of the shopping center. It will be fully enclosed by a 6 foot chain link fence and accessed from the rear of the day care center. The play area should not have any significant negative impacts on the shopping center or its customers and should be safe for children. ACTION TO BE CONSIDERED A. To recommend approval or denial of a Planned Development Amendment to allow construction of an outdoor play area in conjunction with a daycare on Lot 2, Block 1, Cliff Lake Centre, located in the SW 1/4 of Section 29, subject to the following conditions. 1. The proposed outdoor play area will be located as shown on plans submitted by the applicant dated 12/31/96. 2. The outdoor play area will be entirely enclosed with a six foot fence and supervised by Montessori staff. NOR. Emmons in ri 0 : i C I.*"11,1' .. 1 .=221, �a WTO MMMESSE■Nr m NM ver-'■■ ,rw■� M- - I �i el: 11 ent Loni .� DPW :ii 0 , M Ep". gi■'or 0111 x / � vea I a I 14 1 A i J I I Ile A '00 0. Z m 6110 Blue Circle Dr. Suite #100 P Wi--etanka. hin. 55343 1 J012) 933-0072 Fay 612 933-1153 DISK NUMBER/DIRECTORY NAME: CADWG DETAIL NAME: OPTION2.DWG 0 I m q. — . — - -I/ 0 r, 29 n m DEVELOPMENT LOCATION FIGURE 1 DATE DRAWN: DRAWN BY: 12/31 1 RER C�l4FF LAKE RETAI C R =PROPOSLAYGRO ND SSORI— EXISTING CUB FOODS l'1 E110 Blue Circle Dr. suits Suite /100MO Hi—ctmka. un. 55343 Fas 612 x333-11572 3 FIGURE 2 LDISK NUMBER/DIRECTORY NAME: DETAIL NAME: DATE DRAWNDRAWN BY: Dln G 0PT1OH2.D G 112/3-21/96: REIN EXISTING SIDEWALK 0' 20' I 0 40' 60' 6110 Blue Circle Dr. guile /100 Yiaaetonka. Ya. 55343 a1z 933-0972 Fu. u �a12; 633-1153 DISK NUMBER/D;RECTORY NAME: DETAIL NAMAF: Ci:\D "—'% l0PTl0N2-IDWG ell X� 2' TYP SAND BASE `-6' CHAIN LINK FENCE NOTE: PLAYGROUND 1700 SQ. FT. SSORI PLAYGROUND FIGURE 5 DATE DRAWN: DRPA',lN SY: 12/31 1 RV IR SENT BY: 612 432 3780 1-31-97 ; 8:22AM ; Pagc 13 January U, 1997 ADVISORY PLANNING COMMISSION SEVERSON SHELDON- PLANNED DEVELOPMENT AMENDMENT RYAN COMPAN [ ES 681 4694;#14/15 Commission Chair Heyl opened the next public hearing of the evening regarding a Planned Development Amendment to allow an outdoor play area in conjunction with a day-care facility on Lot 2, Block 1, Cliff Lake Centre located north of Cliff Road and east of Cliff Lake Road in the SWI/4 of Section 29. Planner Farnham introduced this item. Ms. Farnham highlighted the information presented in the City staffs planning report dated January 22, 1997. Ms. Farnham noted the background and history, the surrounding uses and the existing conditions of the subject property_ Kevin Hoffman, a representative of the applicant, stated he was available for any questions. Member Miller stated that if the proposed day care and play area is in compliance with all state regulations, then he has no objection to the proposed use. In response to Commission Chair Heyl's inquiry, Mr. Hoffman could not give specific information regarding the truck traffic, the amount of truck fumes and odors to which the day care children would be exposed. Mr. Hoffman noted that the fence enclosing the play area would be two feet off the turnaround curb. Commission Chair Heyl noted that while she does not find the proposed use to be incompatible with the area, she would like specific information regarding the truck traffic passing the play area. Member Carlson expressed concern that the fence for the play area was not attached to the building which would allow a risk that one of the day-care children would wander into the service drive. Member Frank stated that it is possible for the applicant to attach the fence to the building if they wish to, but if parents of the attending day-care children are okay with the situation, then it should not be an issue for the APC. Member Frank moved, Member Carlson seconded, a motion to recommend approval of a Planned Development Amendment to allow an outdoor play area in conjunction with a day-care facility on Lot 2, Block 1, Cliff Lake Centre located north of Cliff Road and east of Cliff Lake Road in the SWV4 of Section 29, subject to the following conditions: 1. The proposed outdoor play area will be located as shown on plans submitted by the applicant dated 12/31/96. 2. The outdoor play area will be entirely enclosed with a six foot fence and supervised by Montessori staff. AH approved in favor. January 25, 1997 Attn: Julie Farnham Project Planner Advisory Planning Commission Eagan City Hail 3830 Pilot Knob Road CASE # 29-RZ-01-02-97 DEVELOPMENT NAME: Cliff Lake Montessori Dear Commission Members: In reference to the proposed Planned Development Amendment to allow an outdoor playground in conjunction with a day care facility is not in the best interests of the area. The development itself is a traditional, commercial retail strip mall. It has two high traffic major tenants at each end of the development. Its design and layout were not intended for use as a day care facility, otherwise this amendment would not be necessary. Let's consider some of the reasons why this location is not wise or worthwhile: The location near the Cub Food store is probably the highest traffic area for motor vehicles in the whole development. Parking is always congested and the available space for temporary drop-off in front of the proposed day care facility is non-existent. It's a very dangerous situation for the early morning and especially the late afternoon movement of small children to and from the facility. • The backside of the development is used for delivery of goods to the other merchants in the shops surrounding the facility. Even with a fenced in play area, is it aesthetically pleasing to have an area of dumpsters and mechanical equipment next to a playground? While this area is probably fenced, there are dangers nearby if any child gets out of the play area -- the previously mentioned. dumpsters and mechanical equipment are one concern. Then there is the close proximity to Cliff Lake with its steep banks dropping to the waters edge. All these hazards are within a hundred yards or so of the development. • There is another day care facility within five blocks of the proposed location on Scott Trail just off Cliff Road. If the Montessori group truly VI 1 512 46033526 believes that this area is large enough to support another day care provider then they should focus Ryan Companies US on acquiring land adjacent to the park and open area off Rahn Road where traffic congestion, parking, and nearby hazards are greatly reduced. • Our decision to move to the Cliff Lake Shores addition was done on the belief that the noise and distraction from the adjacent shopping area would be minimal. This play area would practically back up against our lot, which we choose for its seclusion. In our opinion, there are better and safer areas for such a school. Business profitability should not be the driving motivation on location. The children's safety and well being should be foremost in considering a day care provider's site. Respectfully Yours, David & Cynthia Woodward 4468 Lakeshore Terrace Eagan MN, 55122 681-1578 0 Agenda Information Memo February 4, 1997 Eagan City Council Meeting LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE A. CONSIDERATION OF AMENDMENT TO THE CRIME BILL LEGISLATION • School districts are currently authorized under Minnesota Statute 124.912 to levy a $1 per capita for school related public safety activities including the D.A.R.E. program, school liaison officers, parking lot attendants and other security measures. • The school districts in western Dakota County have been active with their respective cities in providing these services. In particular, they have cooperated on the D.A.R.E. and liaison programs. • School districts 191, 194, 196 and 197 have approached the cities of Eagan, Apple Valley, Burnsville and Lakeville about potential support of legislation to lift the $1 per capita cap to permit school districts to generate additional revenue for these programs. Such action would take the form of an amendment to any crime bill coming out of the legislature in 1997. • The mayors of the respective cities discussed this matter with school district representatives at a meeting on Friday, January 24, at which it was determined that a model letter and resolution would be drafted to be considered by the City Councils and school boards. • The initiative is also being discussed by the Chiefs of Police Association as it would pertain to all cities and school districts in the state and not just those in the immediate area. I7I*ZT47� MU 3ZM3 • Resolution on page CITY OF EAGAN RESOLUTION AMENDING MINNESOTA STATUTE 124.912 WHEREAS, the Cities of Apple Valley, Burnsville, Eagan and Lakeville, along with Independent School Districts 191, 194, 196 and 197, are committed to a "safe" school environment; and WHEREAS, restrictions on funding under Minnesota Statute 124.912 at the current level of $1 per student is restricting the ability to promote programs such as D.A.R.E., school police liaison, parking lot attendants and other safety measures; and WHEREAS, a change in funding would allow Minnesota school districts to maintain "safe programs" for its students and facility, NOW, THEREFORE, BE IT RESOLVED, that Minnesota Statute 124.912 be amended to remove the cap of $1 per capita allowing cities and school districts to fund safety programs in the public schools. Motion by: Seconded by: All in favor: All against: Dated: CITY OF EAGAN CITY COUNCIL Its Mayor Attest: Its Clerk CERTIFICATION I, E. J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this day of . 1997. E. J. VanOverbeke, City Clerk 0